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R v Uatahausi [2025] TOSC 8; CR 189 of 2024 (23 January 2025)

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

CR 189 of 2024

BETWEEN:
REX
-Prosecution

AND:
FALAKIKO UATAHAUSI
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr G Aleamotu’a for the Crown Prosecution
The Defendant in Person
Date: 23 January 2025

THE CHARGES

1. The Defendant pleaded guilty to the following charges on 22 October 2024 ;
   1. Count 1: Possession of an Illicit Drug (1.33g of methamphetamine) contrary to section 4(1)(a)(iii) of the Illicit Drugs Control Act.
   2. Count 2: Unlawful Possession of Utensils (1 smoking pipe), contrary to section 5A of the Illicit Drugs Control Act.

CROWN SUBMISSIONS

2. The Crown filed their sentencing submissions on 28 November 2025 to assist the Court.
3. Aggravating and Mitigating factors were submitted along with the following caselaw:
   1. R v Satini [2020] TOSC 106; CR 277 of 2019
   2. R v Tu’i (CR 66 of 2019)
   100. R v Manuofetoa & Ors CR 147-149 of 2023
4. The Crown recommend the following sentence in relation to this Defendant;
   1. Count 1: 12 months’ imprisonment with the last 6 months suspended on conditions for 1 year.
   2. Count 2: 6 months imprisonment, concurrent to Count1

PRESENTENCE REPORT

5. A presentence report was filed from the Probation Office on 22 January 2025.
6. The report detailed the Accused’s upbringing, personal history and factors relating to the offence with their recommendation.
7. The Probation Office concludes their report in stating the Defendant is at “high-risk” of re-offending due to his on-going association with known drug dealers and being disconnected from his family.
8. A partly suspended sentence is recommended from the Probation Officer on conditions.
9. I take into account the contents of this report in considering the Defendant’s sentence

DISCUSSION

10. You have pleaded guilty to 2 counts, one of possessing 1.33g of methamphetamine and count two having utensils in connection with the illicit drug.
11. You were caught red-handed near the Tonga Institute of higher education where you work as a security guard.
12. You were in the driver seat in a vehicle parked near one of the shelters and when approached by the police, illicit drugs were found in the vehicle together with a smoking pipe.
13. Methamphetamine is a scourge in the kingdom of Tonga. It fosters crime destroys lives, places in intolerable burden on the health care service and the court must do all they can to stamp it out. You have however pleaded guilty at the earliest opportunity and for the last 20 years have apparently kept out of trouble in particular drugs related offences.
14. The last time being on the 5^th of September 2005 when you were convicted of being an unlawful possession of illicit drugs when the two months suspended sentence was imposed. Sadly you have now re-offended.
15. I have regard to the helpful comparable cases referred to by the prosecution although each case must be decided on its facts, I take your case starting point at 18 months’ imprisonment which I reduced by six months to take account of your mitigating factors as already outlined. [12months]
16. Count 2 is a less serious offence and the sentence there is six months concurrent. I have regard to the guideline case of Mounga in deciding whether or not to suspend part of the or of the sentence you’re not young you have however kept out of trouble for a long time accordingly my final sentence is one of 12 months, of which I suspend six months for one year on conditions

FINAL RESULT

17. For Count 1 of Possession of Illicit Drugs, I sentence you to 12 months’ imprisonment with the last 6 months suspended for 1 year 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
    100. You must report to the probation office within 48 hours of your release from custody
    4. You must complete a drugs and alcohol course at the direction of the Probation Officer during the suspension period.
18. For Count 2, I impose a sentence of 6 months imprisonment to be served concurrent to Count 1.
19. 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