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R v Tomasi [2026] TOSC 14; CR 67 of 2025 (26 January 2026)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 67 of 2025

BETWEEN:
REX
-Prosecution

AND:
RODNEY ‘OFA KI TAFUNA TOMASI
-Accused

SENTENCE

BEFORE:
HON. LORD CHIEF JUSTICE BISHOP KC

Appearances:
Mr G Aleamotu’a for the Crown Prosecution
Mr T Naufahu for the Defendant
Date:
26 January 2026

1. THE CHARGES

1. The Defendant after a contested trial, was found guilty by the Court of the following charge:
   1. Count 1: Possession of an Illicit Drug, contrary to section 4(1)(a)(iv) of the Illicit Drugs Control Act, for possession of 3,547.86 grams of methamphetamine.
2. On the same day, the Court made directions for sentencing and this matter was set for sentencing on 14 January 2026.
3. Due to an extension request from the Crown, this was further adjourned to 16 January 2026, to enable all required documents to be filed for the Court to consider.
4. On 16 January 2026, sentencing was further adjourned at the request of the Probation Office to enable a Presentence Report to be completed. This has now been filed and I now proceed to sentencing.
   2. CROWN SUBMISSIONS
5. The Crown filed their sentencing submissions on 13 January 2026 to assist the Court.
6. Mitigating and aggravating factors were submitted with the following caselaw in support:
   1. Rex Tatafu [2022] TOSC 91
   2. Rex v Fetu’u & Ors CR 6,9, 14 to 15, 19 & 25 of 2025
   100. Rex v Tamo’ua & Ors CR 148, 150-151, 154-156, 161 & 175 of 2021
   4. Rex v Cox & Anor [2022] TOSC 90
7. A starting point of 15 years is submitted with reliance on the ranges in Zhang, applied in Tatafu. This starting point also reflects the more serious role the Defendant had in the offending and the amount of the illicit drugs possessed.
8. A deduction of 2 years is submitted to reflect the Defendant being a first-time drug offender resulting in 13 years’ imprisonment.
9. The Crown’s final submission is 13 years’ imprisonment with the final 2 years suspended for 3 years on conditions.
10. It is further sought by the Crown, orders pursuant to section 33 of the Illicit Drugs Control for the following assets to be forfeited to the Crown;
    1. Motor Vehicle (L29140) – white Mazda used to pick up the sack of sugar containing the illicit drugs and to evade police. The Defendant used this vehicle belonging to him for the commission of the offence.
    2. Cash – $17,850TOP found behind the mirror of the Defendants house during a police search on 3 May 2025 and $3,300TOP found inside yellow trousers during the same search. On the balance of probabilities, the money found was obtained in the course or consequent upon the commission of an offence.
    100. Green Samsung Phone – found by police during the search on 3 May 2025. This phone had deleted screenshot of messages with Ika ‘Ofa. This phone was used by the Accused to communicate with the supplier of the drugs in the United States, Ika ‘Ofa.
    4. Black & Silver Oppo mobile phone – used to communicate with the informant and is the phone the Defendant used to contact his wife to turn himself in to Police. The phone was used by the Accused to enable the commission of an offence.

100. MITIGATION SUBMISSIONS & PRESENTENCE REPORT

11. The Court received the mitigation submissions on 15 January 2026 for the Court to consider in determining the appropriate sentence.
12. I am told about your personal history, family circumstances and your contribution to the community.
13. I have also perused all the letters in support that was filed from thew town officer of Lapaha, the Parish Priest, together with your wife and father.
14. Mitigating and aggravating factors were also submitted with reference to caselaw.
15. A starting point of 13 years is adopted, uplifted to 14 years for the car chase that occurred, recommending a final sentence of 8 to 9 years imprisonment with the last 2 years suspended for 3 years on conditions.
16. On 21 January 2026, a presentence report was also filed to assist the Court.
17. I am told further about your personal history, upbringing and your version of the offending, all of which I bear in mind when considering the appropriate sentence.
18. The probation officer recommends a partially suspended sentence stating that with structured support, rehabilitation is possible.
    4. DISCUSSION
19. You have been found guilty of being in possession of 3,547.86 grams of methamphetamine. This was after a contested trial whereby you maintained your innocence.
20. I have read all the submissions before me, namely the Crown’s sentencing submissions and mitigation submissions by learned counsel on your behalf with the letters of support from the community and your family and the presentence report.
21. I bear in mind the relevant and helpful comparables submitted by both parties, however as I have said numerous times before, each case must be determined on its own particular facts.
22. As you know or should know, illicit drugs continue to wreak havoc in society here and the Courts must do all they can to deter and punish such behaviour as it continues to destroy families and communities and is an existential threat to the cohesion of the Kingdom.
23. In your case, you played a key role in the chain of dealing in illicit drugs. This is evidenced by the fact that you were in contact with the supplier Ika Ofa in the United States, in your dealings with the informant and of the amount of illicit drugs involved.
24. As such, I adopt a starting point of 15 years’ imprisonment in consideration of bands in Zhang being band five for over 2 kilograms and your role in this offending.
25. I deduct 2 years from this starting point to reflect that you are a first-time drug offender and that your previous convictions were over a decade ago, resulting in 13 years’ imprisonment.
26. In considering whether or not, it is applicable to suspend any part of your sentence, I have regard to the principles in Mo’unga, also bearing in mind all I have been read about your role and responsibilities within your family and your contributions to the community.
27. You are not young, you do have previous convictions however, I consider your prospect of rehabilitation to be good and I suspend the last 2 years of your sentence for a period of 3 years on conditions.
    5. FINAL RESULT
28. For Count 1 of Possession of an Illicit Drug, I sentence you to 13 years’ imprisonment with the final 2 years of your sentence suspended for 3 years on the following conditions;
    1. You must not commit any offense punishable by imprisonment;
    2. You must live where directed by the Probation Office;
    100. You will be placed on probation during the period of your suspension sentence.
    4. You must report to the probation office within 48 hours of your release from custody.
29. For the avoidance of doubt, this means you will serve an imprisonment sentence of 11 years following by a 2-year suspended sentence for 3 years on conditions.
30. I also order the sentence imposed today is to be backdated to 14 November 2025.
31. I further order pursuant to section 32(3)(b) of the Illicit Drugs Control Act that the illicit drugs in these proceedings be destroyed by way of incineration forthwith.
32. Further, I order the forfeiture of the following assets to the Crown pursuant to section 33 of the Illicit Drugs Control Act;
    1. Motor Vehicle (L29140)
    2. Cash – $17,850TOP & $3,300TOP with liberty to apply on production of cogent evidence.
    100. Green Samsung Phone
    4. Black & Silver Oppo mobile phone
33. That is the Order of the Court.
    

NUKU’ALOFA

HON. MALCOLM BISHOP KC

LORD CHIEF JUSTICE

26 JANUARY 2026