R v Tonga [2024] TOSC 11; CR 20 of 2024 (27 February 2024)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

CR 20 of 2024

REX
-v-
TEVITA TONGA

ORDER

BEFORE: HON. COOPER J

Appearances: Mrs. A. Aholelei for the Prosecution

The defendant for himself

Date of order: 27 February 2024

1. This case was listed for arraignment.
   
2. Mr. Tonga pleaded guilty to a single count possession 0.02 g cannabis and possession utensils a pipe 1 piper used for smoking methamphetamine.
   

Directions:

3. The Court moved straight to sentence having heard representations from the Crown, considered the Crown’s sentencing indication document and also Mr. Tonga as well as comparable cases.
   

Count 4

For possession Cannabis

4. R v Uaisele CR 217/20 - sentence 3 months fully suspended for 0.02 g cannabisThe Court considered cases involving allegations possession utensils -
   

Count 5

For possession utensils

1. R v Mahina & Wight, 93-94/2022. Mr. Wight was sentenced for possession of 4 straws, 3 sets of scales, a test tube and 112 dealer bags. The court adopted a starting point of 1 year, having considered R v Ha’isila CR/ 22/2022.

2. R v Namoa, Sekona & Finau 58, 59 & 61/ 2022 for 4 empty snap bags, and both counts of possession of a single test tube, a starting point of 6 months.

Count 4 1 month reduced to 3 weeks for his guilty plea. Suspended for 12 months.

Count 5 6 months reduced to 4 months for his guilty plea. Suspended for 12 months.

Count 4 to run concurrent to the term in count 5.

5. The conditions of the suspended sentences are
   

(i) complete a drug awareness course; and

(ii) be placed on probation.

6. He is to complete 40 hours Community Service Order. If he breaches any part of the sentence or commits any further criminal offence, he is liable to have his suspended sentence activated and sent to prison.
   
7. Forfeiture and destruction of the drugs and utensils. Mr. Tonga must attend probation no later than noon today.
   

NUKU’ALOFA	N. J. Cooper
27 February 2024	J U D G E