R v Tonga [2025] TOSC 79; CR 140 of 2025 (22 October 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU'ALOFA REGISTRY
CR 140 of 2025

REX
-v-
Latu TONGA

SENTENCING REMARKS

BEFORE: HON. JUSTICE TUPOU KC
Appearances: Mrs S. Eliesa for Prosecution
Defendant in person
Date: 22 October, 2025

The proceeding

1. On 22 October 2025, the Defendant pleaded guilty to one count of possession of ammunition without a licence contrary to section 4(1) and (2) (b) of the Arms and Ammunition Act, where he possessed five .12 ammunition and five .22 ammunition, without a licence.

The offending

2. On or about 2 May, 2025 at around 10am, the Police received reliable information that illicit drugs were being sold from a tax allotment belonging to one named Rodney Tomasi at Lapaha. It was said to be used by the Defendant for activities involving illicit drugs.
3. When the Police arrived, the Defendant was out drinking kava. The Defendant’s wife and daughter were home. The police informed them that a search pursuant to section 24 of the Illicit Drugs Control Act will be conducted.
4. The Police searched the Defendant’s wife and cleared her. They continued to search the residence. Police Officer Hefa found a small bag hanging close to the entrance to the house and inside were the following:
   1. Five .12 ammunition (Exhibit 1.2)
   2. Five .22 ammunition (Exhibit 1.3)
5. Thereafter, other Police Officers arrived with the Defendant. The Defendant was informed of the search and his right to remain silent.
6. The Defendant was asked if he knew about the ammunition found. The Defendant said they were his.
7. The search continued, clearing the remainder of the premises of anything illegal.
8. The Defendant was arrested and remanded in custody. The Defendant exercised his right to remain silent.
9. The ammunitions were tested and confirmed that they were live and in good condition for use.
10. The Defendant does not have a licence to possess ammunition and has previous convictions.

Sentence

11. When the matter was last called, the Defendant sought an adjournment to engage legal counsel. Mr. Fifita appearing for the Crown did not oppose the application but informed the Court and the Defendant that:
    1. the Crown’s indicative sentencing submission was a fine of $300 on a guilty plea; and
    2. if the Defendant agreed, it was his intention to seek leave to remit the case back to the Magistrates Court.
12. This morning, as mentioned, the Defendant indicated he was pleading guilty to the charge.
13. Mrs. Eliesa suggested it was appropriate to arraign and sentence the Defendant accordingly. The Defendant was arraigned and as indicated, he pleaded guilty.
14. Mrs Eliesa sought for the Defendant to be sentenced on the basis of the Crown’s indicative sentencing submissions and be fined $300.
15. The Defendant was given an opportunity to address the Court on the proposed sentence. The Defendant did not oppose the fine but sought 2 weeks within which to pay it.

Result

16. The Defendant is convicted of one count of possession of five .12 ammunition and five .22 ammunition without a licence.
17. The Defendant is sentenced to pay a fine of $300 within two weeks from today or 1-month imprisonment upon failure to pay the fine.
18. Pursuant to s. 37 of the Arms and Ammunition Act, I order that the ammunition subject of this proceeding, be forfeited to the Crown.
    

P. Tupou KC
JUDGE

Nuku’alofa: 22 October, 2025