R v Tukuafu [2024] TOSC 13; CR 112 of 2023 (1 March 2024)

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

CR 112 of 2023

REX

-v-
MAKALITA TUKUAFU

ORDER

BEFORE: HON. COOPER J
Appearances: Mrs. A. ‘Aholeleifor the Prosecution
Defendant Appears in Person
Date: 1 March 2024

1. Miss Tukuafu attended court having approached Crown law and indicated she wished to change her plea. The court was kindly kept informed. Miss Tukuafu was re-arraigned on count 2, possession 0.30 grams’ cannabis.
   
2. She pleaded guilty. Crown offered no evidence on the remaining counts she faced, counts 3, 4 and 5.

Remarks:

3. Not guilty verdicts were entered in respect of counts 3, 4 and 5. The penalty for possession of an illicit drug is under section 4(1)(a)(i) of the Illicit Drugs Control Act. The maximum penalty is a fine not exceeding $5,000 or imprisonment for a term not exceeding 1 year, or both.
   
4. It is important to note that Miss Tukuafu was of previous good character. She was sentenced to 3 months’ imprisonment. A starting point of 4 months was reduced by one month to reflect her guilty plea, albeit a late one.
   
5. That tariff was reached having considered the cases of R v Kolofale 166/2020 - a sentence of 40 hrs community service imposed by Lord Chief Justice Whitten KC for possession 0.75 grams cannabis.
   
6. CR 156/2023 R v Ngaue 28 November 2023; this Court imposed a sentence of 3 months’ imprisonment for possession 0.35 grams cannabis.
   
7. Her sentence of 3 months’ imprisonment is suspended for 12 months on the following conditions:

(i) she must attend probation no later than noon today;

(ii) to complete 40 hours Community Service Order

(iii) to satisfactorily complete a drug awareness course.

8. If any of these conditions are breached or she commit any criminal offence during the term of her suspended sentence she will be sentenced to the term of imprisonment.

Ancillary orders:

(i) drugs and paraphernalia to be forfeited and destroyed

(ii) all money seized is forfeited.

NUKU’ALOFA	N. J. Cooper
1 March 2024	J U D G E