R v Tahaafe [2024] TOSC 15; CR 39 of 2024 (5 March 2024)

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

CR 39 of 2024

REX
-v-
TEVITA TAHAAFE

ORDER

BEFORE: HON. COOPER J

Appearances: Mr. J. Fifita for the prosecution
The defendant for HIMSELF

Date of order: 5 March 2024

1. Mr. Tahaafe had a warrant issued for his arrest on 27 February 2024, when he had failed to attend for his arraignment before the Supreme Court. He had earlier failed to attend the committal hearing in the Magistrates' court and a warrant had already been issued for his arrest. Yesterday, 4 March 2024, police located and arrested him. He was produced from custody this morning.
   
2. Mr. Tahaafe was arraigned on the single count he faced, one of possession of drug utensils in September 2023, namely a spoon, contrary to section 5 A, Illicit Drugs Control Act. He pleaded guilty to that count and asked to be sentenced today and not wait for a pre-sentence report.
   
3. He has a previous conviction for possession of drug utensils imposed in the Magistrates’ court, 20 May 2022, 2 months’ imprisonment suspended for 1 year. In 2021 he was convicted for an offence of drunkenness. He had no other drug related offences recorded against him.
   
4. By way of mitigation, he apologized, explained he had not meant to break the law and he was ready for his sentence.

Maximum sentence

5. Possession utensils contrary to section 5 A, a fine not exceeding $10,000.00 or to imprisonment for a term not exceeding 3 years, or both.
   

Comparable cases

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.

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.

Sentence

6. A starting point of 3 months was adopted. A 30 % discount was then taken from thye starting point for his early guilty plea.
   
7. Mr. Tahaafe was sentenced to 2 months’ imprisonment.
   

Suspension

8. I have gone on to consider the principles in Mo’unga [1998] Tonga LR 154. But in the light of his previous offending and how he absconded from these proceedings, the Court took the view this offence was so serious only an immediate term of imprisonment would be suitable and the term needed to be served in full.
   

Conclusion

9. 2 months’ custody to be served in full.
   

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