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R v Angilau [2025] TOSC 71; CR 197-198 of 2024 (5 September 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU'ALOFA REGISTRY
CR 197-198 of 2024

BETWEEN:
REX
-Prosecution

AND:
PENISONI TUIFUA ANGILAU
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr ‘A Fisi’iahi for the Crown Prosecution
The Defendant in Person
Date: 05 September 2025

1. THE CHARGES & BACKGROUND

1. On 30 October 2024, you pleaded not guilty to the charges on the Indictment. Trial commenced on 08 - 14 July 2025. At the close of the Prosecution’s case and in light of the evidence presented, an application was made to amend the Indictment which the Court found you guilty of the following charges;
   1. Count 1: Supplying Illicit Drugs (520.5g of methamphetamine), contrary to section 4(1)(a)(iv) of the Illicit Drugs Control Act
   2. Count 2: Supplying Illicit Drugs (534.53g of methamphetamine), contrary to section 4(1)(a)(iv) of the Illicit Drugs Control Act
   100. Count 3: Threatening a Police Officer, (“man my fingerprints have been taken many times, make sure because this is annoying otherwise, I will get up and beat you to death”) contrary to section 29(a) of the Illicit Drugs Control Act.
   4. Count 4: Money Laundering (in relation to an acquired Ford Ranger, L29241), contrary to section 17(1)(a) & (b)(i), (2), (3) and (4) of the Money Laundering and Proceeds of Crime Act.
      
   2. CROWN SUBMISSIONS
2. The Crown filed their sentencing submissions to assist the Court on 29 August 2025.
3. Aggravating and Mitigating factors were submitted along with the following caselaw in support;
   1. Zhang v R [2019] NZCA 507; [2019] 3 NZLR 648 (21 October 2019)
   2. R v Mangisi CR10/2018
   100. R v ‘Otuhouma [2020] TOSC 74; CR 61 of 2019 (29 September 2020)
   4. R v Tatafu [2022] TOSC 91; CR 2 of 2022 (21 October 2022)
   5. R v Motuliki CR152 of 2021
   6. R v Kapeni Tamo’ua anors CR 148, 150-151, 161 & 175 of 2021
   7. R v Cox anors [2022] TOSC 90 (CR 153 & 157 of 2022)
   8. R v Pousini [2017] TOSC 22; CR15 of 2017 (14 September 2017)
   9. R v Vea [2024] TOSC 110; CR 79 of 2023 (5 December 2024)
   10. State v Raj- Sentence [2018] FJHC 879; HAC185.2017S (19 September 2018)
   11. R v Rodney Toki AC 19/22
4. In this case, the Crown recommended the following sentences;
   1. Count 2: 13 years’ imprisonment
   2. Count 1: 13 years’ imprisonment
   100. Count 3: 14 months imprisonment
   4. Count 4: 4 years imprisonment
5. Crown propose 1 year from Count 1 is added and made cumulative to Count 2 and that Count 3 and 4 are served concurrently to each other.
6. A final sentence of 14 years imprisonment, with the last 12 months suspended for 3 years on conditions is recommended from the Prosecution.
   
   100. PRESENTENCE REPORT
7. On 25 August 2025, a report from the Probation Office was filed where I was told further details about your upbringing, personal history and your response to the conviction in which you strongly denied the validity of conviction and your intentions to lodge an appeal.
8. You are a self-employed farmer with contributions made to the communities’ livelihood and a breadwinner to your two brothers who are not well. You have health issues of your own from past injury to both your hands.
9. You expressed no remorse as to what you are being charged with, according to the Probation Officer. In light of the seriousness of the charges, a custodial imprisonment is the recommended sentence.
   
   4. DISCUSSION
10. You are being sentenced today for two counts of the supplying of methamphetamine, threatening a police officer and money laundering. The circumstances of these offendings have been cited in the Judgement of these proceedings and it is not necessary to recite them again here.
11. The Court prior to your trial had obtained legal counsel on your behalf to act bro pono, you refused this offer and I reiterate, that I do not in any way hold this against you.
12. Illicit Drugs in the Kingdom continue to wreak havoc in society and the Courts must do all they can to deter and stem out its use and, in your case particularly, to punish those involved in its supply.
13. The Probation Officer assesses you as high risk of re-offending, I entirely agree because you appear to not have learnt your lesson because in 2024, you were convicted of possession of illicit drugs, and sentenced to 18 months’ imprisonment of which the last 16 months was suspended. This measure of leniency has appeared to have no effect on your subsequent behaviour.
14. I have also taken into account of all the comparable sentences provided by the Prosecution, but each case must be decided on its own particular facts.
15. I treat you as a prolific drugs supplier who had earned considerable profit. The overriding objective of the Courts when dealing with commercial drugs suppliers such as you, is to past condign punishment to deter others. I repeat, methamphetamine is an existential threat in Tonga and must be dealt with accordingly.
16. In your case, I agree with the Prosecution that the head count in these proceedings is Count 2 and impose a starting point considering Zhang, of 13 years’ imprisonment.
17. Similarly, I also impose a starting point of 13 years’ imprisonment for Count 2 as it arose at a different time. Although, these were separate incidents and merited, consecutive sentences in whole or in part but having regard to the principle of totality, I make both Counts, concurrent to each other in relation to Counts 2 and 1.
18. For Count 3, a starting point of 14 months imprisonment and for Count 4, 4 years imprisonment. Counts 3 and 4 are to be served concurrently to each other and both concurrent to Count 2.
19. No mitigation is applicable in your case as you went through a contested trial and even now continue to deny that you are guilty despite the plain evidence that you were.
20. In considering whether a whole or part of your sentence can be suspended I have regard the principles in Mo’unga, you are not young, you have previous convictions in relation to illicit drugs, and I see little to no prospect of rehabilitation. On the other hand, considering the negative effects of long term imprisonment, the principle of totality, and not entirely ruling out the prospect that you may at this late stage be a reformed character, I consider it appropriate to suspend the last 3 years of your sentence for period of 3 years on conditions to oversee your reintegration back into society.
    
    5. FINAL RESULT
21. For Count 2, 13 years imprisonment
22. For Count 1, 13 years imprisonment concurrent to Count 2.
23. For Count 3: 14 months imprisonment concurrent to Count 2.
24. For Count 4: 4 years imprisonment concurrent to Count 2.
25. For the avoidance of doubt, you will serve a total of 13 years’ imprisonment with the final 3 years imprisonment suspended for 3 years on the following conditions:
    1. You must not commit any offences punishable by imprisonment.
    2. You are placed on Probation.
    100. You must report to the Probation Office within 48 hours of being released from custody
    4. You must complete a course with the Salvation Army at the direction of the Probation Office on drugs and alcohol abuse within your suspended period.
26. The sentence is backdated to 5 March 2024 when the Defendant was first remanded into custody.
27. I further order that:
    1. The drugs and utensils seized are destroyed pursuant to section 32(2)(b) of the Illicit Drugs Control Act.
    2. The case seized, namely $90,125 and the Ford Ranger Vehicle (L29241) is forfeited to the Crown pursuant to section 33 of the Illicit Drugs Control Act.
28. That is the order of the Court.