R v Laimani [2024] TOSC 97; CR 74 of 2024 (18 December 2024)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 74/2024

REX

-v-

Palatoni LAIMANI

Sentencing remarks

BEFORE : THE HONOURABLE COOPER J
Counsel : Mr. Tamo’ua for the Prosecution
Mr. Laimani was unrepresented.

ORDER OF : COOPER J
DATE OF ORDER : 18 DECEMBER 2024

THE COURT ORDERS THAT

1. Mr. Laimani is sentenced to 7 ½ years’ imprisonment, the last 12 months suspended for 2 years on conditions.
2. All drugs and paraphernalia forfeited and destroyed.
3. All monies are forfeited.
   

REASONS

1. Drug Enforcement Officers acting on a tip raided the home of Palatoni Laimani on 4 January 2024.
2. A number of people were found in and around his property as was Mr. Laimani himself.
3. In the ensuing search of his home
   1. 155.90 grams of methamphetamine was recovered.
   2. A 12-gauge shotgun
   3. A set of scales and 1699 empty ‘dealer packs’
4. Mr. Laimani was charged with possession of these items.
5. They were recovered from a large plastic bin. Most of the methamphetamine came in the form of 5 bags each weighing 27.95 grams.
6. There were a further 47 bags, those roughly half and half were divided into 0.50 gram deals and the others into 0.10 gram deals.
7. The scales and empty bags were also recovered along with the following amounts of cash.

TOP $ 2,500.00

NZ $ 20.00

US $ 3.00

FJ $ 15.00

8. A number of note books were also recovered. These appear from the brief description provided to me to be dealer lists.
9. Given Mr. Laimani’s admissions at the scene that he was in the business of selling methamphetamine for profit; that would accord with what he said.
10. None of these note books have been provided or any detail of the contents placed before me save they “contained a list of names and numbers”.
11. What I have to say is simple. If they were indeed dealer lists, then they should have formed the subject of a further count or counts.
12. If a person is caught by police in possession of ‘dealer lists’, that is prima facie strong evidence they have possessed the drugs referred to and ought to be charged and ultimately sentenced for that criminality. To fail in this is to fail in the war against drugs.
13. Mr. Laimani assisted the police at the scene in the sense he was candid about his possessing the illicit drugs.
14. He appeared before me on 28 May 2024 and pleaded guilty to all three counts.
15. A Pre-Sentence Report was compiled and filed 5 December 2024. Mr. Laimani is 37 years old, said to be of previous good character. He is married, has 5 young children ranging in age from 14 years old to the youngest who is barely one years’ old. I also know from the bail application made on his behalf that his wife is pregnant.
16. It appears that he became involved in supplying drugs as a way to support himself and his family financially; it was both as simple and as cynical as that.
17. He has not been assessed as to risk of reoffending or his risk of harm to society, but in both cases it must be at least medium harm as this was a calculated and planned criminal enterprise he was running.

The statutory sentencing regime

• The penalty for possession of a Class A illicit drug exceeding 1 gram, contrary to section 4(1)(a)(iv) of the Illicit Drugs Control Act. The maximum penalty is a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding life or both.
• The penalty for possession of utensils contrary to section 5A of the Illicit Drugs Control Act. The maximum penalty is a fine not exceeding $10,000 or to a term of imprisonment not exceeding 3 years or both.
• Possession of arms without a licence contrary to section 4 (1) and 4 (2) (b) Arms and Ammunition Act is a sentence of imprisonment up to 5 years.

Comparable sentences

18. I have been assisted by Crown’s submissions. In respect of count 1 and the range of sentences courts tend to impose for that amount of methamphetamine it appears a starting point of 9 years would be the correct tariff. I of course note that every sentence turns on its individual facts.
    • Count 1 a starting point of 9 years’ imprisonment. For his previous good character and assistance to the police and guilty plea, a 30 % discount.
    • Count 2 a starting point of 18 months, reduced, likewise, by 30 %.
    • Count 3 a starting point of 9 months, reduced to 6.
19. This was very serious offending in my view. It was large scale commercial supply and the presence of a firearm in the context of this drug dealing I consider a serious aggravating feature. I note that no ammunition was recovered, but in my view, that is merely the absence of a further aggravating factor.
20. Because of the those factors I have identified and the serious harm Mr. Laimani posed to society in his criminal activity the formulation of his final sentence must mark this.
21. No one possesses these amounts of illicit drugs without connections to people higher up the supply chain. It stands to reason that Mr. Laimani was dealing with others more heavily involved in illicit drug supply and so in turn, he forms part of serious organised criminal network.
22. His sentence will therefore be consecutive in respect of all three counts. It would be a craven dereliction of the duty in regard to the need to protect our Kingdom and punish those that seek to harm it to hand down any less a sentence or suspend any more of it.
23. That means this Court will impose a sentence of 7 ½ years’ imprisonment.
24. I will suspend the last 12 months for 2 years on the following conditions
    1. Report to probation within 24 hours of release
    2. Complete drug rehabilitation course
    3. Complete a life skills course
    4. Live where directed by probation
    5. He must not commit any offence punishable by imprisonment further that time
25. Mr. Laimani is not to leave the Kingdom of Tonga until his suspended sentence is completed, both the conditions and the two-year term. This is to ensure he does not escape that part of his sentence and also to ensure the rehabilitative portion of the sentence can be properly completed.

Conclusion

26. 7 ½ years’ imprisonment, the last 1 year suspended for 2 years, back dated to his first remand on 28 May 2024.

All drugs and paraphernalia to be forfeited and destroyed.

All monies forfeited.
COOPER J
SUPREME COURT

18 DECEMBER 2024
NUKU’ALOFA