IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKUÁLOFA REGISTRY
CR 239 of 2024

BETWEEN:
REX
-Prosecution
AND:
‘ANITA TOUTAIOLEPO
-Defendant

SENTENCING REMARKS

BEFORE: HON. JUSTICE TUPOU KC
To:	 Mr A Fisiiahi for the Prosecution
	 Ms A Kafoa for the Defendant
Date:	 20 March, 2026

The proceedings
1.	On 9 September 2025, the Defendant was found guilty for importing 137.36 grams of methamphetamine and sentenced to life imprisonment. 
2.	This sentencing relates to the charge of importing utensils (6 smoking pipes) capable of being used to smoke illicit drugs which is an offence under the Illicit Drugs Control Act. 
The Offending 
3.	One Anthony Vea shipped from the United States of America a drum consigned to the Defendant on the vessel “Papuan Poly” inside container TCLU914430-5. 
4.	The Defendant and her broker daughter cleared the drum themselves before customs. Upon routine scanning of the consignment, customs officers picked up suspicious markings and decided to inspect the content of the drum. 
5.	During the inspection, the concealed methamphetamine and 6 smoking pipes wrapped in a pair of pants were discovered. 
Crown’s submissions
6.	The Crown submits the aggravating features of the offending were:
a)	The Defendant did not cooperate with the Police;
b)	The Defendant was found guilty after a contested trial; and
c)	The Defendant is not young.
7.	The Crown submits the following as mitigating features;
a)	First-time offender.
Sentencing Comparables
8.	The Crown referred to the following comparable sentences:
(a)	R v ‘Emeline Hausia CR 22 of 2022 – the Defendant was charged for various offences including possession of a total of 766 empty dealer packs, a test tube containing fragments of methamphetamine, notebooks of suspected records of drug purchases and supplies, two weighing scales and two straws. In terms of the possession of utensils charge, a starting point of 12 months imprisonment was set and reduced to 10 months in mitigation.  
(b)	R v Hau [2024] TOSC 18; CR 36-37 of 2024 - the Defendant pleaded guilty for multiple counts, including count 3 for possession of 2 straws and 5 empty packs and count 4 for possession of 2 straws and 12 empty packs. A starting point of 9 months 9 months was reduced to 6 months for his early guilty plea for both counts. 
9.	The Crown proposed sentencing formulation was as follows:
a)	a starting point of 18 months;
b)	reduction by 3 months for her clean record; and
c)	to be served concurrent to the current life imprisonment sentence. 
Submissions for the Defence 
10.   On 10 March 2026, the Counsel for the Defendant filed a sentencing submission on behalf of the Defendant. The Counsel for the Defendant agrees with Crown’s recommendation that any sentence imposed for Count 3 be served concurrently with the life sentence for Count 1 but disagree with their starting point of 12 months. 
11.  	Counsel suggested a starting point of 9 months given the Accused is a first-time offender and her role in the offending was as a mere consignee at the request of one late Stephanie Fifita who lacked a valid ID. Such starting point to be reduced by 3 months to reflect her personal mitigation. 

Pre-sentencing Report  
12.	The Defendant is 46 years old from Kolofo’ou. Her parents separated when she was 5 and was cared for by her grandmother and an aunt at Fasi. She attended primary school at Fasi. She attended Atenisi Institute and then St. Andrews College completing form 3. She moved to Vava’u and completed form 4 and 5. 
13.	The Defendant was married at 16 and raised two children with her husband who are now adults. Her son is serving in the police force and her daughter did well at school becoming dux of Beulah College. Unfortunately, her marriage was dissolved in 2017 and she returned to live with her mother at her home in Kolofo’ou. 
14.	In 2023, the Defendant moved to Hofoa to be a caregiver to an elderly relative, Sivoki and became close with the relative’s granddaughter, Stephanie Fifita who died in September, 2024. The Defendant’s son was asked about the connection with Sivoki, he was not aware of the connection himself. 
15.	The Defendant is a member of the Anglican church and is unemployed. It was reported that she suffers from arthritis in her knees and often feels pain. Stephanie’s death is said to have impacted the Defendant and the report recommends access to medical counselling support for her during her time in prison.    
16.	As for the offending, the Defendant maintained her innocence. She told the Probation Officer that the consignment was sent from Sivoki’s grandson and the intended consignee was Stephanie but she did not have a valid ID and the Defendant was asked to put her name down as consignee. 
17.	The relative’s grandson instructed they remove the adult diapers and the remaining content was to be picked up by a third person, unknown to the Defendant who maintained she was not aware of the presence of illicit drugs in the drum. 
18.	The Defendant said she was unaware of any criminal activities within Sivoki’s family and is remorseful. She has learnt her lesson to not trust anyone.
19.   According to the report the Defendant is considered “low-risk” in terms of re-offending and recommends the Defendant be given an appropriate sentence as the Court deems fit. 
Considerations
20.  The maximum statutory penalty for importation of utensils is a fine not exceeding $10,000 or to imprisonment for any period not exceeding 3 years or both. 
21.	Plainly, the Defendant continues to insist on her innocence. She has concocted a brand new story to the Probation Officer to place blame on Sivoki, the elderly “relative” she cared for and her family despite having agreed in a statement of Agreed Facts filed on 6 March, 2025, that the container contained a drum shipped from Anthony Vea (her father) in San Francisco, California, USA, intended for her.
22.	Furthermore, on 4 April, 2024 at 1641hrs she was asked by Detective Leveni if she knew about the illicit drugs discovered in her drum. The Defendant’s response was recorded on the Investigation Diary produced as evidence as:
“….’Anita confirmed that the drum was her property, sent by Anthony Vea (m) her father whom she looks after and he told her there was a parcel in the drum but she did not know who it was for.” 
23.	Keeping in mind the maximum statutory penalty, the seriousness of the offending, the responsibility of the court to ensure that sentences for drug-related offences involving methamphetamine are adequate and effective in denouncing and punishing such crimes, provide a strong deterrent effect, not just for individual offenders but also for the general community including those who may contemplate succumbing to the toxic allure of illegal drug, and considering that sentences for utensils involving test tubes vary for the fact that they usually accompany drug charges for example, in R v Tau’aika, involving 6 test tubes and other utensils warranted a starting point of 12 months and in R v Talanoa involving 10 test tubes and other utensils warranting a starting point of 9 months, I fix a starting point of 9 months. 
24.	For her clean record I reduce the starting point to 6 months imprisonment. 
25.	In terms of suspension the only principle in the Defendant’s favour is her clean record for which I have credited in mitigation. She did not cooperate with the authorities and has continued to insist on her innocence despite her conviction. She continues to fabricate inconsistent narratives that do not assist her, indicating a lack of remorse for her offending. For those reasons, I am not minded to suspend any part of this sentence but make it concurrent to the life sentence she is currently serving. 
Result
26.	The Defendant is convicted for the importation of 6 test tubes capable of being used to smoke illicit drugs and sentenced to 6 months imprisonment to be served concurrent to the sentence imposed on 8 September, 2025. 
27.	Pursuant to s 32 (2) (b) of the Illicit Drugs Control Act, the utensils subject of this proceeding are to be destroyed. 

 Nuku’alofa                                                                               P. Tupou KC
20 March, 2026						          J U D G E