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R v Uasike [2025] TOSC 2; CR 138 of 2024 (21 January 2025)

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

CR 138/2024

REX

-v-

Piliote UASIKE

SENTENCE

BEFORE: THE HONOURABLE COOPER J
Counsel: Mrs. Lui for the Prosecution
Mr. Uasike was unrepresented
Date of
Trial: 21 OCTOBER 2024
Date of
Verdict: 29 NOVEMBER 2024
Date of
Sentence: 21 January 2025

ORDERS MADE BY: COOPER J

ORDER OF THE COURT
SENTENCE: 4 years’ imprisonment.

Reasons

1. Mr. Uasike was jointly charged with Miss Malamala on a two count indictment:
   • Count 1 possessing on 11 April 2024 3.09 grams’ methamphetamine contrary to section 4 (1) (a) (iv) Illicit Drugs Control Act.
   • Count 2 possessing on 11 April 2024 utensils, namely a set of electronic scales and 7 empty packs, contrary to section 5 A Illicit Drugs Control Act.
2. He was convicted following a trial.
3. The allegation centered on the events of that night at approximately 2100 hrs. Very little of the Crown’s case was challenged.
4. Miss Malamala had been the driver of the motorcar that Mr. Uasike was the front passenger of.
5. Officer Malolo Vi had received information from a source that led him and in turn his colleagues, to the car both defendants were found in.
6. When Officer Vi had first spotted that car, it was in the Patangata area of Popua. It was travelling west towards Nuku’alofa and the officer could see that Mr. Uasike was in the vehicle.
7. Officer Vi was in contact with colleagues in a second vehicle. He followed the target vehicle and saw it turn into a drive at the Kimiko restaurant in Fasi, which is on the corner with the junction of the Vuna road, the Chinese Embassy being situated at the other side of that side road.
8. His colleagues approached in their vehicle and blocked in the car Miss. Malamala was driving.
9. Quickly the police took control of the situation and an officer went straight to the driver’s side and opened the car door and restrained Miss Malamala.
10. Mr. Uasike was caught red-handed. He had over 3 grams of methamphetamine in his possession.
11. 2.85 grams in one packet and four 0.6 gram ‘deals’ with it, making a total of 3.09 grams. When he was apprehended he was sat in the front passenger car seat and was trying to get rid of the illicit drugs from his pocket. This is where they were found and indeed photographed as being, by his side, in a line with his pocket where he had tried to get rid of them from as the police closed in.
12. He was holding in his other hand $370 in cash. By his front seat was a set of weighing scales.
13. A further two quantities of cash were recovered. $65 at his feet and $50 from the little black bag the illicit drugs were in.

Previous convictions

14. Mr. Uasike has 10 convictions for 15 offences, dating back to 2011.
15. He has three convictions for housebreaking and theft, all dealt with in the Magistrates’ court where he variously received community punishment orders, imprisonment and further community punishment orders. He has committed offences of willfully damaging property, using threatening language to a government servant and an offence of having possession of a loaded weapon, without a license.
16. His drug convictions started in 2019. He was sentenced to a years’ imprisonment in the Supreme Court for possession illicit drugs in October that year.
17. In 2021 in the Magistrates’ court he was sentenced to a prison, again for possession of illicit drugs, this time, also possession drug utensils. In 2023, again possession of both illicit drugs and utensils he was sentenced in the Magistrates’ court to a term of imprisonment and in December that year a further term of imprisonment for possession drug utensils.
18. From that facts before me it is not clear if this offence was committed on bail. I have not been provided with the dates of the offending for the convictions in 2024 so as to determine this. A rather basic oversight, I must say.
19. That as it may be, he stands to be sentenced for his fifth set of drugs offending, third set of drugs offences in 2024 and a protracted and cynical course of offending, in that he was clearly being transported around Tonga ready and able and seemingly in the process of dealing drugs.
20. I say seemingly. The mobile phone, item 4 on the search list, has not been said to have been analyzed. Of course, if phones were routinely interrogated and that evidence placed before the court, that would totally and fundamentally change the war on drugs in Tonga.
21. In any event, the Crown have filed sentencing submissions on 20 December 2024.
22. They have drawn my attention to a number of comparable cases.
23. The thrust of those and the submissions is that a starting point of 3 ½ years is appropriate and cases, such as R v Paletu’a [2021] TOSC 49, where possession of 3.16 grams of methamphetamine attracted a starting point of 3 years and 3 months’ imprisonment and R v Tu’itavake [2022], 2.87 grams methamphetamine a starting pint 3 years and 6 months all confirm their view.
24. Of course, sentences are very much case specific. Whilst quantity of illicit drugs is a factor, it is also only part of the picture to be considered.

Pre-sentence report

25. The pre-sentence report was filed 20 January 2025. It sets out that Mr. Uasike has an extensive criminal record and that illicit drug use is at the heart of it.
26. He apparently finally admits these offences.
27. Whilst these factors have not been explored, it is quite clear that with his criminal past and continued drug offending, despite many convictions and chances the Courts have given, he is at a high risk of re-offending. He is plainly a high risk to the community.

Statutory sentencing framework

28. Possession of Class A Illicit drugs exceeding 1 gram contrary to section 4 (1) (a) (iv) Illicit drugs Control Act, the maximum sentence is a fine not exceeding $1,000,000.00 or to imprisonment for any period not exceeding life or both.
29. Possession utensils contrary to section 5 A, a fine not exceeding $10,000.00 or to imprisonment for a term not exceeding 3 years, or both.

Aggravating features

• Persistent drug offending
• Accoutrements carried in vehicle for supply

Mitigating features

• There are none

30. When I consider the harm that methamphetamine causes society and the way that Mr. Uasike has constantly, over the last 5 years, been involved in illicit drug offending I view these offences very seriously.
31. A 3 ½ year starting point for count 1. That I increase to 4 years to reflect the persistent offending.
32. A 9 month starting point and final sentence for the offence of possession drug utensils.
33. Count 2 to run concurrent with count 1.

Suspension

34. The principles to be considered in suspending a prison sentence, in part or whole, include an assessment of how readily a defendant may be disposed to reforming.
35. From the constant drug offending that Mr. Uasike’s been committing, I am of the view he does not care for the law or the people of Tonga and is set upon a course of making himself money at the costs of the lives of his fellow citizens. I decline to suspend any portion of his sentence in these circumstances.

Conclusion

36. 4 years’ imprisonment, to be back dated to his first remand 28 August 2024.
37. That sentence must be served in full.
38. All money and drugs and paraphernalia are to be retained for the trial of his co-defendant and disposed of thereafter on the appropriate application.

COOPER J

Supreme Court

Nuku’alofa

21 JANUARY 2025