R v Pailate [2024] TOSC 66; CR 57 of 2024 (20 September 2024)

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

CR 57/2024

REX

-v-

Sione PAILATE

Sentencing remarks

BEFORE : THE HONOURABLE COOPER J
Counsel : Miss Kafa for the Crown.
Mr. Pailate was unrepresented.

Dated : 20 SEPTEMBER 2024

ORDER OF COOPER J
DATE OF ORDER 20 SEPTEMBER 2024

THE COURT ORDERS THAT

1. Mr. Pailate is sentenced to 12 months’ imprisonment fully suspended for 2 years on conditions.
   

REASONS

1. Mr. Pailate was amongst five men who were arrested at Ha’ateiho the evening of 19 October 2023 in respect of illicit drugs offences.
2. Mr. Pailate was arrested in respect of offences of possession of 0.88 grams methamphetamine and drug utensils. Those utensils were over 120 empty dealer packs and a pipe.
3. When police raided the address they found Mr. Pailate holding three packets of methamphetamine and sitting on a mattress that concealed the empty dealer packets and the drug pipe.
4. He appeared before the Supreme Court for arraignment on 7 May 2024 and pleaded not guilty and the matter was set down for trial.
5. On the morning of trial he indicated he wished to be re-arraigned and pleaded guilty to both counts.
6. On 20 September 2024 his case was listed for sentence. Because the Crown were recommending a fully suspended sentence and so as to bring to a conclusion this case and give him certainty, Mr. Pailate was sentenced on that day, albeit without a pre-sentence report.

• The Crown in their indicative sentencing submissions had recommend the following starting points
  • Possession 0.88 grams methamphetamine a starting point of 15-18 months’ imprisonment
  • Possession 128 dealer packs and a drug pipe a starting point of 9-12 months’ imprisonment

7. I have taken into account the Crown’s submissions, the guilty plea, albeit at the door of court and the fact that Mr. Pailate was of previous good character.

Sentence

8. Possession 0.88 grams methamphetamine a starting point of 13 months’ imprisonment, discounted to 12 to reflect the late guilty plea.
9. Possession 128 empty ‘dealer packs’ and a drug pipe a starting point of 5 months reduced to 4.
10. The second count will run concurrent with the first.
11. In arriving at those sentences I have taken into account the number of separate packets of drugs involved and the overall weight.
12. I have also had in mind the Mo’unga principles when considering the fact of his guilty plea and his previous good character
13. 12 months’ imprisonment, fully suspended for 2 years on the following conditions
    1. Report to probation within 48 hours of his release
    2. Live where directed
    3. Not to commit any offence punishable by imprisonment
    4. Satisfactorily complete a drug rehabilitation course as directed by probation; and
    5. Complete 60 hours Community Punishment Order
14. All drugs and paraphernalia to be forfeited and destroyed.
    

Conclusion

15. 12 months’ imprisonment, fully suspended for 2 years on the above conditions.
    

SUPREME COURT	20 SEPTEMBER 2024
NUKU’ALOFA	COOPER J