R v Li [2024] TOSC 51; CR 129 of 2024 (6 August 2024)

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

CR 129/2024

REX

-v-

Siena LI

Sentencing remarks

BEFORE: THE HONOURABLE COOPER J

Counsel: Mr. Fifita and Mr. Aleamotu’a for the Crown.
Miss Li represented herself.

Date of
Sentence: 6 August 2024

ORDER OF COOPER J
DATE OF ORDER 6 AUGUST 2024

SENTENCE: Miss Li is sentenced to 6 months’ imprisonment, fully
Suspended for 2 years on conditions.

REASONS

1. Miss Li pleaded guilty to a two count indictment.
2. Count 1 destruction evidence – the smashing of a pipe used to smoke drugs.
3. Count 2, possession class a drug 0.08 grams methamphetamine.

Background

4. Miss Li was arrested in a car, outside the Kiwi tyre shop, Ha’ateiho, 2 March 2024 at approximately 0300 hrs that morning.
5. She was seen to discard the pipe when police attended the location acting on information. She was searched and the bag of methamphetamine was recovered.
6. She was arrested, charged and committed to the Supreme Court.
7. On 6 August 2024 she appeared for arraignment and entered her guilty pleas.
8. Miss Li did not wish for a pre-sentence report, rather to be sentenced straight away.
9. Miss Li has a previous conviction, but Crown made clear that it was not for illicit drugs, though it was not known what the precise nature of the conviction was.

Sentence

10. I have considered the Crown’s indicative sentencing submissions and reviewed the cases of R v Vaiangina CR 231/2020, sentence 9 months fully suspended 0.04 g methamphetamine. R v Kalonihea CR 233/2020 12 months fully suspended 0.04 g methamphetamine; R v Kumar CR 249/2020 6 months fully suspended 0.04 g methamphetamine.
11. 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.
12. R v Namoa, Sekona & Finau 58, 59 & 61/ 2022 for 4 empty snap bags, and possession of a single test tube, a starting point of 6 months.
13. Accordingly, for count 1 a 9 month starting point reduced to 6.
14. For count 2, a 9 month starting point reduced to 6 months, to run concurrent with count 1.

Conclusion

15. 6 months’ imprisonment, fully suspended for 2 years on the following conditions
    1. To report to probation no later than 1400 hrs 7 August 2024;
    2. Miss Li must be placed on probation;
    3. To complete a drug rehabilitation course;
    4. Perform 40 hours Community Service Order; and
    5. Miss Li must not commit any offence punishable by imprisonment.
16. Drugs and paraphernalia to be forfeited and destroyed.
    

SUPREME COURT	6 AUGUST 2024
NUKU ‘ALOFA	COOPER J