Home | Databases | WorldLII | Search | Feedback Supreme Court of Tonga

R v Taufa [2025] TOSC 7; CR 188 of 2024 (23 January 2025)

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

CR 188 of 2024

BETWEEN:

REX
-Prosecution

AND:
SIOSAIA TAUFA
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr G Aleamotu’a for the Crown Prosecution
Mrs S Fa’otusia for the Defendant
Date: 23 January 2025

THE CHARGES

1. The Defendant pleaded guilty to the following charges on 22 October 2024;
   1. Count 1: Engaging in Dealings with another person for the Supply of an Illicit Drug (3.86g methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act
   2. Count 2: Unlawful Possession of Utensils (1 empty pack), contrary to section 5A of the Illicit Drugs Control Act.

CROWN SUBMISSIONS

2. The Crown filed their sentencing submissions on 29 November 2025 to assist the Court.
3. Aggravating and Mitigating factors were submitted along with the following caselaw:
   1. R v Mangisi CR 10 of 2018
   2. R v Taulahi [2024] TOSC 26; CR 114-116 of 2023
   100. R v Po’oi [2023] TOSC 63; CR 203 of 2021
   4. R v Taliai [2022] TOSC 69; CR 32-33 of 2024
4. The Crown recommend the following sentence in relation to this Defendant;
   1. Count 1: 1 ½ - 2 ½ years imprisonment with the last 18 months suspended on conditions.
   2. Count 2: 1- 4 months imprisonment, concurrent to Count1
      

DEFENDANT’S SUBMISSIONS

5. A mitigation submission was filed on 22 January 2025 by the Defendant’s Counsel.
6. It is further noted from this submission the Defendant’s previous occupation and his history of community service.
7. No lesser sentencing duration is submitted but the mitigation plea included, reference letters, personal family background and provided a recommendation for a fully suspended sentence.

PRESENTENCE REPORT

8. A presentence report was filed from the Probation Office on 22 January 2025.
9. The report detailed the Accused’s upbringing, personal history and factors relating to the offence with their recommendation.
10. The Probation Office concludes their report in stating the Defendant may need to complete a Alcohol and Drugs Awareness Course at the direction of the Salvation Army in addition to any sentence the Court deems appropriate.

DISCUSSION

11. You have pleaded the guilty to being engaged in dealing with the supply of 3.68 g of methamphetamine and being in possession of utensils for use with the drugs. You do not have any previous convictions and pleaded guilty at the earliest opportunity.
12. It must be firmly understood that methamphetamine is a scourge in the Kingdom and the supply of this drug places your offence in a higher category of seriousness than mere possession.
13. The amount involved being less than 5g places you in band one as set out in Zhang namely community-based probation to 4 years in prison. In your case there can be no question of a non-custodial sentence in view of the role which you played as a dealer.
14. I take Count 1 as the headcount and consider a starting point of 3 years imprisonment from which I deduct 12 months to reflect your mitigation as outlined earlier, the less serious offence of being a possession of utensils I sentence you to 4 months imprisonment concurrent with the sentence in Count 1.
15. In considering whether or not to suspend neither the whole part of your sentence, I follow the guidelines set out in Mo’unga although you are not a young offender being 36 years old, you have pleaded guilty at the earliest opportunity, and this is the first time you have been convicted of a drug related or indeed any offence.
16. Your learned legal advisor submitted a mitigation submission on your behalf. I was not aware that you served as a member of HM Army, that is to your benefit.
17. For these reasons but not without hesitation I suspend the entirety of your sentence being 24 months for a period of 2 years on conditions.

FINAL RESULT

18. For Count 1 of Engaging in Dealings with another person for the Supply of an Illicit Drug, I sentence you to 24 months’ imprisonment fully suspended for 2 years on the following conditions:
    1. You must not commit any offence punishable by imprisonment
    2. You are placed under Probation for the period of your suspended sentence
19. For Count 2 of Unlawful Possession of Utensils, I impose a sentence of 4 months imprisonment to be served concurrent to Count 1.
20. In view of what was said about you, your history of community work, and your service in HM Army, I do not find it necessary to impose any further community service order.
21. I further order that the drugs and utensils seized in these proceedings are to be destroyed pursuant to 32(2)(b) of the Illicit Drugs Control Act
    

HON. MALCOLM BISHOP KC
LORD CHIEF JUSTICE

NUKU’ALOFA

23 January 2025