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R v Loloa [2025] TOSC 88; CR 76 of 2025 (11 August 2025)

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

CR76 of 2025

REX

-V-

‘AKINO LOLOA

SENTENCES AND SENTENCING REMARKS

BEFORE:
HON. JUSTICE GARLICK KC

Appearances:
Mr. J Fifita for the Prosecution
Mrs. F Vaihu for the Defendant

Date of Hearing:
11 August 2025

The Charges

1. Upon his arraignment on 23 June 2025, the Defendant pleaded guilty to the following charges:
   1. Count 1: Possession of 42.66 grammes of cannabis, contrary to section 4(1)(a)(ii) of the Illicit Drugs Control Act.
   2. Count 3: Possession of a utensil, contrary to section 5A of the Illicit Drugs Control Act.

The Offending

2. On 26 February 2025, police received information that the Defendant was selling drugs from his home. The police went to the Defendant’s home, and in a “sting” operation, they asked him to buy drugs from them. When the Defendant was told that they were police officers, he ran away and discarded a bag containing drugs. The bags contained cannabis. The police apprehended the Defendant just three houses from his home and arrested him. The police officers searched the Defendant and found a wallet containing $490 TOP and a small bag containing cannabis, cannabis seeds and empty packets. Upon analysis, the drugs found in the Defendant’s possession amounted to 42.66 grammes of cannabis. The Defendant was interviewed and said that he would only speak in court.

The Submissions in Mitigation of Sentence

3. Counsel for the defence submits on behalf of the Defendant that, whilst a prison sentence must be imposed for these offences, that sentence can be fully suspended. I agree with that submission for the following reasons:
   1. The guidelines and principles established in the case of Mo’unga v R [1998] LR 154 establish that where there is a real prospect that the Defendant will be rehabilitated, then a suspended sentence should be imposed.
   2. The Defendant, who is 26 years of age this month, is a first-time offender.
   100. He has a serious heart condition.
   4. The Defendant’s case is that he found the drugs and paraphernalia at the beach and was tempted to sell them. He received only $400 from his criminality, which the police seized. The prosecution has not sought to gainsay the Defendant’s case.
   5. The Defendant is of good standing within the community and the Church. This was supported by numerous references that were submitted on behalf of the Defendant.
   6. The pre-sentence report opines that there is a very low risk of the Defendant reoffending and recommends a fully suspended sentence of imprisonment.

Resulting Sentences Upon the Defendant

4. The sentences imposed upon the Defendants are as follows:
   1. Count 1 (possession of cannabis), a sentence of 14 months’ imprisonment.
   2. Count 2 (possession of utensils), a sentence of 5 months’ imprisonment.

The sentences will run currently with each other and will be suspended for a period of 2 years on the following conditions.

The Defendant will:

(i) serve 50 hours of community work;
(ii) not commit any offence punishable with imprisonment during the operational period of the suspended sentence (2 years);
(iii) live where directed by his probation officer;
(iv) complete a drug awareness course at the Salvation Army, under the direction of his probation officer.

5. I make the following ancillary order. Under section 32(2)(b) and section 33 of the Illicit Drugs Control Act, the illicit drugs which are the subject of these proceedings are to be destroyed, and the sum of $490 TOP cash seized from the Defendant is forfeited to the Crown.
   

This is the sentence of the Court

NUKU’ALOFA

HON. JUSTICE GARLICK KC
JUDGE

11 August 2025