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R v Fetu'u [2026] TOSC 3; CR 6 of 2025 (5 January 2026)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 6, 9, 14 to 15, 19 and 25 of 2025

BETWEEN:
R E X
- Prosecution

AND:
[1] TOHITONGI HE MANATU FETU'U
[2] TONI SILILO TUFUI
[3] TA'UFO'OU FALE'OFA
[4] 'ENEASI TANGI TAUMOEFOLAU
[5] MAFI FATONGIATAU LUTUI
[6] TEVITA ‘ELONE TU’I’ILE’ILA SHOJI
- Defendants

SENTENCE

BEFORE:
LORD CHIEF JUSTICE MALCOLM BISHOP KC via AVL

Appearances:
Mrs T Vainikolo and Mr G Aleamotu’a for the Crown Prosecution
Ms A Kafoa via AVL for Mr T Fetu’u
Ms H Aleamotu’a for Mr T Shoji
Mr S Tu’utafaiva as Mckenzie Friend for Mr T Fale’ofa, Mr E T
Taumoefolau, and Mr M Lutui

Date:
5 January 2026

1. THE CHARGES & BACKGROUND

1. On 22 October 2025, the Court found the following Defendants guilty of the following charges;
2. CR 15/2025 Tohitongi He Manatu Fetu’u
   1. Count 1: Unlawful Import of an Illicit Drug (3,544.31g of methamphetamine), contrary to section 3(e) of the Illicit Drugs Control Act.
3. CR 9/2025 Ta’ufo’ou Fale’ofa
   2. Count 11: Engaging in Dealings with Another to Import an Illicit Drug (897.71g of methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act.
   100. Count 13: Unlawful Possession of an Utensil (weighing scale), contrary to section 5A of the Illicit Drugs Control Act.
4. CR 14/2025 ‘Eneasi Tangi Taumoefolau
   4. Count 18: Unlawful Import of an Illicit Drug (2,236.08g of methamphetamine), contrary to section 3(e) of the Illicit Drugs Control Act.
5. CR 25/2025 Mafi Fatongiatau Lutui
   5. Count 23: Engaging in Dealings with Another to Import an Illicit Drug (3,544.31g methamphetamine) contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act.
6. CR 6/2025 Tevita ‘Elone Tu’i’ile’ila Shoji
   6. Count 25: Possession of an Illicit Drug (2,236.08g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act.
7. On 4 September 2025, when this matter was set to commence trial, the Defendant, Toni Sililo Tufui requested to change his plea. The Defendant was re-arraigned and pleaded guilty to the following charges;
8. CR 19/2025 Toni Sililo Tufui
   7. Count 6, Engaging in Dealings with Another to Import an Illicit Drug (3,172.47g of methamphetamine, later amended to 3,544.31g of methamphetamine at the conclusion of the trial), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act,
   8. For Count 8, Possession of an Illicit Drug (217.25g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act,
   9. For Count 9, Unlawful Possession of a Utensil (2 smoking pipes), contrary to section 5A of the Illicit Drugs Control Act,
9. On the 22 October 2025 after a four-week trial I delivered verdict in relation to the importation 3,544.31 g of methamphetamine together with other related offences.
10. My verdicts and reasons comprising of a total of 299 paragraphs is to be read in conjunction with my sentencing remarks which follow and I do not now repeat them except to say that this was a case of bringing into the Kingdom and distributing a very substantial amount of methamphetamine. Its origin appears to have been from California.
11. The supplier in that country who goes by the name of Rodney Hala, who is not a defendant in this case and as I understand that no attempts have been made to liaise with the United States authorities to bring him to justice.
12. That is an affront to the rule of law and it is my hope and expectation that the police here will liaise with the FBI with a view to investigating this person’s alleged involvement.
13. I desire also to state my concern that the sentencing date had to be postponed largely because of the failure of the prosecution to submit their indicative sentencing reports. I will not dwell on this failure except to record my displeasure, not because of any inconvenience to the Court but because of the anxiety which these failures must have caused the defendants, facing as they do, long prison sentences.
    2. CROWN SENTENCING SUBMISSIONS
14. On 29 December 2025, the Crown filed their sentencing submissions to assist the Court.
15. A history of the proceedings, previous convictions of the Defendants, aggravating and mitigating features with the following sentencing comparables in support:
    1. Rex v Toutaiolepo [2025] TOSC 69
    2. Rex v Fifita [2025] TOSC 44
    100. Rex v Manulevu (Unreported, CR 12 of 2023)
    4. Rex v Taufa [2025] TOSC 7
    5. Rex v Po’oi [2023] TOSC 63
    6. Rex v Savieti & Anor (Unreported CR 298 & 299 of 2020)
    7. R v Tatafu [2022] TOSC 91
    8. R v Motuliki CR 152 of 2021
    9. R v Tamo’ua & Ors CR 148, 150-151, 154-156, 161 175 of 2021
    10. R v Cox & Anor [2022] TOSC 90
    11. R v ‘Otuhouma [2020] TOSC 74
    50. R v Mangisi CR 10/2018
    13. R v Fanga [2024] TOSC 23
16. The Crown submit the following sentencing submissions in relation to each respective charge faced by the Defendants.

CR 15/2025 Tohitongi He Manatu Fetu’u & CR 14/2025 ‘Eneasi Tangi Taumoefolau

17. For Count 1 and 18 respectively, life imprisonment with access to counselling and rehabilitation services during their imprisonment.

CR 19/2025 Toni Sililo Tufui

18. For Count 6, as the head count, 17 years imprisonment with the last 2 years suspended for 3 years on conditions.
19. For Count 8, 7 years imprisonment concurrent to Count 6.
20. For Count 9, 6 months imprisonment concurrent to Count 6.

CR 9/2025 Ta’ufo’ou Fale’ofa

21. For Count 11, 15 years’ imprisonment.
22. For Count 13, 8 months imprisonment concurrent to Count 11.

CR 25/2025 Mafi Fatongiatau Lutui

23. For Count 23: 23 years imprisonment.

CR 6/2025 Tevita ‘Elone Tu’i’ile’ila Shoji

24. For Count 25: 17 years’ imprisonment with the last 2 years suspended for a period of 3 years on conditions.
25. On 1 January 2026, the Crown filed supplementary sentencing submissions in response to the mitigation submissions filed by Counsel for Mr Shoji on 31 December 2025 and further supplementary submissions for Mr Taumoefolau and Mr Lutui.
26. Again, on these submissions I will consider and address them in due course when I deal with each Defendant in turn.
    100. MITIGATION SUBMISSIONS
27. On 31 December 2025, Counsel for Mr Shoji filed mitigation submissions on his behalf for the Court to consider.
28. The Crown’s recommended starting point is highly disputed stating that it is too harsh and fails to take into account, his personal circumstances and his role in the offending.
29. It is recommended that the starting point should be much lower noting that in Zhang, for more than 2 kilograms in band 5, is 10 years to life.
30. Counsel for Mr Shoji then further objects to the Crown’s application to forfeit $5,460 cash that was found in his residence. This amount has no relation to illicit drugs and evidence was given to police on the source of these funds.
31. The Crown was directed to assist in obtaining this evidence that was given to police but this was never done.
32. In relation to the Crown’s application for the forfeiture of the mobile phone and vehicle, Counsel submits that nothing illicit was found in the phone and as for the vehicle, someone else placed the drugs there and the charge he is being sentenced for is merely possession and not supply.
33. On 2 January 2026, Mr Tu’utafaiva as Mckenzie Friend for Mr Tufui, Mr Fale’ofa, Mr Taumoefolau and Mr Lutui filed mitigation submissions to assist the Court.
34. These submissions addressed the Court’s findings of “importation” and “engaging” raising that it is important for the Court to consider the step taken by each Defendant with someone else and the extent of that step in enabling the illicit drugs to be brought into the Kingdom of Tonga.
35. In relation to Mr Taumoefolau, the Crown’s submission of life imprisonment is not disputed as this is clearly set out in the Act.
36. For the remainder of the Defendants represented by the Mckenzie Friend, submissions were made in terms of their specific role in the offending, the Court’s judgement made on 22 October 2025, and the guidelines in Zhang.
37. The following sentences with reference to the submissions made by the Prosecution is submitted;

CR 19/2025 Toni Sililo Tufui

38. For Count 6, as the head count, 8 years imprisonment with the last 2 years suspended.
39. For Count 8, 4 ½ years imprisonment concurrent to Count 6.
40. For Count 9, 6 months imprisonment concurrent to Count 6.

CR 9/2025 Ta’ufo’ou Fale’ofa

41. For Count 11, 7 years’ imprisonment with the last 2 years suspended.
42. For Count 13, 8 months imprisonment concurrent to Count 11.

CR 25/2025 Mafi Fatongiatau Lutui

43. For Count 23: 6 years imprisonment with the last 12 months suspended
    
    4. PRESENTENCE REPORT
44. A presentence report was provided from the Probation Office in relation to all Defendants where I was told about each of your respective upbringings, personal history, your version of the offending and the recommendation of the probation officer for each Defendant.

CR 15/2025 Tohitongi He Manatu Fetu’u

45. You are the eldest of 11 children. You grew up in ‘Eua and relocated to Tongatapu where you met your wife. You are married and have 2 children. You were the breadwinner for the family as your wife was unemployed.
46. You attended ‘Eua High School and progressed to Tonga Institute of Higher Education where you studied a Diploma of Computer Studies which you withdrew from and never resumed. You have health-known issues. You were previously a prison officer for 10-years but was later dismissed. You have since provided for your family by conducting manual labour in the United States earning $80K TOP after each 6-months of work.
47. You claim that you were never involved with drugs and was just a third party who knew the owner of the crate. You have no previous criminal convictions. The Probation Officer is of the view that you are at moderate risk of re-offending which is mitigated by various factors.

CR 19/2025 Toni Sililo Tufui

48. You initially grew up in Ha’apai with your customarily adopted parents. Unfortunately, they passed away by the time you were a teenager and you moved back to Tongatapu where you resided in Fasi with your paternal aunt.
49. You have been previously married before, to which you had three children. You have since then re-married your current wife in 2024 where you have one child together. Your present wife also has 4 children from her previous marriage to which you consider your own and your family initially resided in Sia’atoutai/Puke. Since the offending, your family now reside in Houmakelikao, I am told, is for security purposes.
50. You have no health issues; you used to be employed as a taxi driver from 2020 to 2024 earning about $300-$600 weekly.
51. You claim to be remorseful and regret committing the offence. The Probation Officer is of the view that you are at moderate risk of re-offending due to association with criminal peers and involvement in large-scale drug importation scheme.

CR 9/2025 Ta’ufo’ou Fale’ofa

52. You initially grew up with your parents until they migrated to the United States (US) and you lived with your grandma. You moved to the United States in 1985 to reside with your parents and you got deported back to the Kingdom. You currently reside with your de facto partner in Kolonga, and you have 3 children.
53. You have no health-known issues, you entered and graduated from Carlmont High School in the United States, you did not pursue further studies. The Town Officer acknowledges your presence in their community as you were abusing drugs and distributing them to the village’s youth. You are currently unemployed, previously employed by EcoReef Tonga, earning $1000 per week.
54. You do not show any remorse and the Probation Officer is of the view that you are at high-risk of re-offending.

CR 14/2025 ‘Eneasi Tangi Taumoefolau

55. You are 44 years old, originally from Australia and recently deported to Tonga in 2022. You grew up in a traditional Tongan household despite residing overseas. Your education reached University where you studied Architecture but you withdrew due to personal reasons.
56. You are currently in a de facto relationship with one Milika Hau. You both operate businesses in Tonga and abroad. Prior to this your profession was a fighter leading to your involvement in the outlaw motorcycle club of Hells Angels and later became associated with the Comancheros due to your brother’s senior position there. You are generally healthy and have no previous criminal convictions in the Kingdom.
57. The Probation Officer is of the view that this Accused is at high risk of re-offending.

CR 25/2025 Mafi Fatongiatau Lutui

58. You are one of 14 children. You migrated with your family to the United States when you were 8. You were influenced by peer influences resulting in smoking and drinking and occasional violent behaviour but you claim to have never been involved in drug activities.
59. You are married and have 3 children but reside in the United States. Your education ended in Carlmont High School where you graduated in 2006. You were employed at Eco-Reef for a period of 6 months. You have no health-known issues.
60. The Probation Officer is of the view that you are at moderate-risk of re-offending.

CR 6/2025 Tevita ‘Elone Tu’i’ile’ila Shoji

61. You are the eldest of 3 children. You migrated to New Zealand and moved back in 2019 to reside with your maternal grandparents. You are married to one Melevileti and you have 2 children.
62. You attended school in New Zealand and dropped out in Year 12 prior to returning to Tonga. You are generally in good health.
63. You have no previous convictions and the Probation Officer is of the view that you are capable of change and growth.
    5. DISCUSSION
64. I have read all the documents placed before me. These are the indicative sentence report filed on behalf of the prosecution, the pre-sentencing reports, and submissions made by the Defence.
65. I pay very close attention in particular to the personal circumstances of the Defendants and the comparable authorities helpfully supplied by the Crown but make it plain that although they are helpful guidelines, they are not tramlines.
66. Each case must be considered on his own discrete facts and I have attempted to do that having regard to the guidance given by the Crown in its sentencing submissions, the presentence reports and all that has been filed by way of mitigation submissions.
67. The increasing importation and therefore use of methamphetamine in the Kingdom is an existential threat to life here. It breaks up families, it deals a serious, perhaps mortal blow to community cohesion. It ruins the life of participants and is in many cases the reason for the proliferation of crime.
68. In a small country like ours where most people do not live an affluent life, the devastation caused by drugs is apt to deal a fatal blow to life here. Of course, misuse of illicit drugs is not confined to Tonga. It is a regional, even global phenomenon but the difference between the effect on society here and that in a larger more affluent country such as New Zealand or Australia is striking. This difference means that the comparable authorities provided by overseas jurisdictions are not determinative.
69. But as I said earlier each case is to be decided on its own facts and the individual circumstances of the defendant in question which necessarily includes the prospects of rehabilitation.
70. With these considerations in mind I turn to deal with each defendant individually bearing in mind the duty of the Court is to punish, to deter and if appropriate to rehabilitate.
    

CR 15/2025 Tohitongi He Manatu Fetu’u

71. You have been convicted of causing to be imported 3,544.31g of methamphetamine contrary to 3(e) of the Illicit Drugs Control Act. I set out my findings as to your involvement at paragraphs 210 to 228 of my verdict. In short, I found that you were the linchpin in the American end of the operation and that you caused the drugs in question to be imported into Tonga.
72. As you know, I can only pass one sentence on you by virtue of section 3(e) which is life imprisonment. That is the only available sentence prescribed by law which I must and do impose.
73. Now no one can predict the future and I have no power or control over your eventual fate. That is a matter for others but I take the opportunity of recording the following in case it might be of some assistance to those who are ultimately responsible for what happens to you.
74. I observed you closely when you gave evidence. I found you to be a pleasant individual, who was having increasing difficulty in facing the strength of the evidence against you.
75. The impression I got was that, despite what I now know about your previous offending you had had not thought sufficiently about the seriousness of what you were doing, and you decided to make an easy dollar irrespective of the consequences. Administratively, I retract my observation on your previous convictions as you do not have any.
76. You are not a sophisticated individual, the attempts you took to disguise what you were doing in your various telephone messages were amateur and easily unmasked.
77. In short, I find that you have learned a very bitter lesson and in your case prospect of your eventual rehabilitation cannot be entirely ruled out.
78. But as I say, that is a matter for others and I order that you be allowed access to counselling and any rehabilitation services available to you during your term of imprisonment.

CR 14/2025 ‘Eneasi Tangi Taumoefolau

79. I have found you guilty of Count 18 the unlawful import of 2236.08 g of methamphetamine contrary to section 3(e) of the illicit drugs control act.
80. Your involvement apart from sending $74,739.09TOP to Rodney Hala is graphically illustrated in the drone footage which shows you carrying a red bag containing the drugs from your residence and placing it in the front passenger seat of a black car belonging to Shoji.
81. I found on compelling evidence that you knew very well what was in the bag you were carrying in addition you transferred a total of 120,000 TOP to Hala and so are one of the main financers accordingly I found you guilty of Count 18.
82. As in Fetu’u’s case I have no option by virtue of section3 (e) of the illicit drugs control act to pass upon you a mandatory life sentence and I do so.
83. But again, for the reasons, I have already explained in Fetu’u’s case, I record the following observations. You are a 44-year-old man, with various successful business here in Tonga and also abroad, I am told.
84. I find that you were well aware of what you were doing, now being made aware of your past, previous convictions and involvement in a motorcycle gang in Australia.
85. You must now pay the price for your actions but again in your case I do not think that your eventual rehabilitation is impossible.
86. I further accept the recommendation of the probation service and order that you be allowed to access to such counselling and rehabilitation services as is available during your imprisonment sentence.

CR 19/2025 Toni Sililo Tufui

87. You stand to be sentenced for Count 6, Engaging in Dealings with Another to Import an Illicit Drug (3172.47g of methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act, Count 8, Possession of an Illicit Drug (217.25g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act and Count 9, Unlawful Possession of a Utensil (2 smoking pipes), contrary to section 5A of the Illicit Drugs Control Act.
88. You had the courage to plead guilty, albeit on the first day of the trial. It seems that was following an agreement between you and the prosecution who agreed to drop charges against your wife in light of your plea. That is a matter for them, but proceeding on the basis that their decision was properly made, it follows that you were to some extent justified or at least not to be criticised for the position you took which was to support your wife’s denial of guilt, eventually accepted by the Crown.
89. I therefore am going to give you not full but substantial credit for your plea but of course a custodial sentence of some length is inevitable.
90. The crown in their helpful sentencing submissions draw attention to what others have said about you, this in my view is hearsay evidence and I disregard it but on the basis of it you yourself have said it is clear to me that your role was significant.
91. You accepted the crate should be imported in your name. You took all of the drugs 3,544.31g of methamphetamine out of the sack of rice and passed it to the next person in the chain who happens to be the informant and had the matter not been intercepted would have resulted in large scale availability of a class A drug in Tonga.
92. The head sentence in your case is count 6 engaging in dealings with another to import illicit drugs in this case Class A methamphetamine thus more culpable than mere possession. Which had it been made a possession would have placed you in band five of the Zhang guidelines namely 15 to 16 years’ imprisonment.
93. As against that you have no previous convictions and so a custodial sentence is correspondingly more onerous in your case.
94. I have decided to take as a starting point a term of 17 years but in view of your guilty plea though late but taking into account what I have already said about it, I discount that sentence by 2 years making a total of 15 years.
95. I have considered the question of suspension although some of the Mo’unga criteria are absent in your case I remind myself that you are a first-time offender and I have regard to the observations of the Court of Appeal that where, “the communities interest for the sentence to be one which will encourage the appellant in his rehabilitation.”
96. Balancing therefore in the one hand the importance of deterrence and punishment but on the other part of rehabilitating the offender, I suspend the last 3 years of your sentence for a period of 3 years on the usual conditions that means that you will serve 12 years in prison followed by 3 years suspended for a period of 3 years on conditions.
97. For Count 8 of possession of 217.25 g of methamphetamine I take 5 years as the starting point and deduct one year by way of mitigation making a total of 4 years to be served concurrently to Count 6.
98. For Count 9 of possession of utensils I take 6 months as the starting point and deduct one month the result being 5 months in custody concurrent to Count 6.
99. The result in your case is that you will be sentenced for a total term of 15 years of which the last 3 years will be suspended for period of 3 years on conditions.

CR 9/2025 Ta’ufo’ou Fale’ofa

100. You stand to be sentenced for Count 11, Engaging in Dealings with Another to Import an Illicit Drug (897.71g of methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act and Count 13, Unlawful Possession of a Utensil (weighing scale), contrary to section 5A of the Illicit Drugs Control Act,
101. With your partner in the passenger seat, you drove towards Kolonga pursued by police and attempted to throw away the packages by asking your partner to throw them through the window.
102. I acquitted her on the basis that what she did not in law amount possession but it was very wrong of you to involve her in that way which put her liberty at severe risk, however it is in your favour that you made a full confession in a statement before me at page 516 of the Court Book and although you attempted rather half-heartedly I thought to disavow the contents of that statement, where you said “it was arranged that I would be given pounds and the rest will be given to others. He did not tell me who but it was a total of 8 pounds of ice.”
103. This shows in my view that you played a significant but not leading part in what was going on and you had been in contact with the first defendant in relation to what name the crate containing the drugs would be sent under.
104. Your role was to provide a name which could be used to enable the box to be imported for which you were given 897.71g of methamphetamine.
105. I found you guilty of being engaged with others in the importation of the drug accordingly you are therefore liable to a penalty of up to 1 million TOP or imprisonment for any term not exceeding life or both.
106. I take into account your criminal record which although contains no drugs related offences does show a systemic disregard for the rule of law both it seems in Tonga and also in the United States from which you were deported in 2003 for an event related to arms and ammunition.
107. I make it clear that I am unable to act on the hearsay evidence reported by your town officer at paragraph 30 of the Crown’s Sentencing Submissions, this being hearsay.
108. I count in your favour of the fact that at one stage you did make a clean breast of it to the police in your interview although as against that you have retracted that confession at the trial.
109. In your case Count 11 is the head sentence and I impose a starting point of 12 years. I reluctantly deduct 1 year for general mitigation by way of you lack of relevant previous convictions, and bearing in mind that you had a much lesser amount of drugs then some of the others.
110. I have considered whether it is appropriate to suspend any of that sentence. I have regard to what I have previously said in the case of Mo’unga about the desirability of rehabilitation at the end of the lengthy sentence, for those reasons I suspend the last year of the sentence which I have just passed. Which means that you will serve 10 years in custody, followed by a year suspended for 2 years on conditions.
111. For Count 13, I impose a sentence of 8 months to be served concurrently to Count 11.

CR 25/2025 Mafi Fatongiatau Lutui

112. You stand to be sentenced for Count 23: Engaging in Dealings with Another to Import an Illicit Drug (3,544.31g methamphetamine) contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act.
113. Your role was to facilitate the import of the drugs by arranging for money to be transferred to the ultimate beneficiary or tried to do so knowing that the purpose of that money was payment for drugs being brought into Tonga I found, not without some hesitation, that you were sufficiently distant from the actual importation to be not complicit in count 22 the importation itself. You have a bad criminal record, including a sentence of 18 years imposed in California for the involuntary manslaughter of your cousin and associated assault involving a firearm. You were young at the time 20 years but when you were deported to Tonga but appear not to have learnt your lesson.
114. You played a leading role in the offending as evidenced by the communications between yourself, Mr Taumoefolau and Rodney Hala in the United States. This places you in band five of the Zhang guidance. The starting point in your case I take as 20 years but deduct 2 years because of your lack of previous convictions here in Tonga.
115. As to suspension having regard to what I have already said in other cases considering the guidelines in Mo’unga, I suspend the last two years of that sentence for a period of three years on conditions.
116. In your case, you will serve 18 years of which the last 2 years is suspended for 3 years on conditions. That is 16 years in custody followed by 2 years suspended on conditions for 3 years.

CR 6/2025 Tevita ‘Elone Tu’i’ile’ila Shoji

117. You are to be sentenced for Count 25 for Possession of an Illicit Drug (2,236.08g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act, which carries a penalty of a fine not exceeding 1 million TOP or imprisonment for any period not exceeding life or both.
118. I have given close consideration to the leading authority of Zhang and in particular have considered the number of drugs you were in possession namely 2,236.08g of methamphetamine. This is a very large amount and is an indicator but not a determining indicator of culpability.
119. I must also in following Zhang have regard to your role. I have paid attention to paragraph 116 of Zhang highlighted in Cox “...a more limited measure of engagement in criminal dealings deserves a less severe sentence than a significant old leading role.”
120. In my judgement, you were only a temporary custodian of the drugs in question. Your role was to move the drugs from one location to another. There is no evidence that you played a significant part in its distribution.
121. The impression I formed was that you were simply instructed to move the drugs from one location to the other by someone in a position of some authority over you, in the sense that he was providing you with legitimate work for which you were to be paid.
122. My conclusion is strengthened by the fact that you have no previous convictions, and your reaction when you wet your shorts when apprehended very near the commencement of your journey.
123. Nevertheless, what you did was very wrong and a custodial sentence must be imposed. In your case, I impose a starting point of 13 years’ imprisonment from which I deduct 2 years in mitigation for your lack of previous convictions. here and bearing in mind your particular circumstances. resulting in a sentence of 11 years.
124. In reference the guidelines in Mo’unga, I take account of the observations made there in considering your particular circumstances. I bear in mind that you are relatively young, this is a first time offence and I consider the prospect of your rehabilitation to be good.
125. For those reasons I suspend the last 2 years of your sentence for a period of 3 years on conditions.
126. This means the final sentence in your case is 11 years imprisonment of which you will serve 9 years in custody followed by 2 years suspended for 3 years on conditions.
     6. FINAL RESULT

CR 15/2025 Tohitongi He Manatu Fetu’u

127. For Count 1, Unlawful Import of an Illicit Drug (3,544.31g of methamphetamine), contrary to section 3(e) of the Illicit Drugs Control Act, I sentence you to life imprisonment with access to all counselling and rehabilitation services that are available.
     

CR 14/2025 ‘Eneasi Tangi Taumoefolau

128. For Count 18, Unlawful Import of an Illicit Drug (2,236.08g of methamphetamine), contrary to section 3(e) of the Illicit Drugs Control Act, I sentence you to life imprisonment with access to all counselling and rehabilitation services that are available.

CR 19/2025 Toni Sililo Tufui

129. For Count 6, Engaging in Dealings with Another to Import an Illicit Drug (3,544.31g of methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act, I impose a sentence of 15 years imprisonment with the last 3 years suspended for 3 years on the following conditions:
     1. You must not commit any further offence punishable by imprisonment.
     2. You must report to the Probation Office within 48 hours of your release from custody.
     100. You must live where directed by the Probation Officer.
     4. You must be placed on probation for period of your suspended sentence.
     5. Your name will remain on the No-Fly List and your passport with the Court for the period of your suspended sentence.
130. For Count 8, Possession of an Illicit Drug (217.25g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act, I sentence you to 4 years imprisonment concurrent to Count 6.
131. For Count 9, Unlawful Possession of a Utensil (2 smoking pipes), contrary to section 5A of the Illicit Drugs Control Act, I sentence you to 5 months imprisonment concurrent to Count 6.

CR 9/2025 Ta’ufo’ou Fale’ofa

132. For Count 11, Engaging in Dealings with Another to Import an Illicit Drug (897.71g of methamphetamine), contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act, I impose a sentence of 11 years imprisonment with the last year suspended for 2 years on the following conditions:
     1. You must not commit any further offence punishable by imprisonment.
     2. You must report to the Probation Office within 48 hours of your release from custody.
     100. You must live where directed by the Probation Officer.
     4. You must be placed on probation for period of your suspended sentence.
     5. Your name will remain on the No-Fly List and your passport with the Court for the period of your suspended sentence.
133. For Count 13, Unlawful Possession of a Utensil (weighing scale), contrary to section 5A of the Illicit Drugs Control Act, I impose a sentence of 8 months imprisonment concurrent to Count 11.

CR 25/2025 Mafi Fatongiatau Lutui

134. For Count 23: Engaging in Dealings with Another to Import an Illicit Drug (3,544.31g methamphetamine) contrary to section 4(1)(b)(iv) of the Illicit Drugs Control Act, I sentence you to 18 years imprisonment with the last 2 years suspended for 3 years on the following conditions:
     1. You must not commit any further offence punishable by imprisonment.
     2. You must report to the Probation Office within 48 hours of your release from custody.
     100. You must live where directed by the Probation Officer.
     4. You must be placed on probation for period of your suspended sentence.
     5. Your name will remain on the No-Fly List and your passport with the Court for the period of your suspended sentence.
        

CR 6/2025 Tevita ‘Elone Tu’i’ile’ila Shoji

135. For, Count 25: Possession of an Illicit Drug (2,236.08g of methamphetamine), contrary to section 4(i)(a)(iv) of the Illicit Drugs Control Act, I sentence you to 11 years’ imprisonment with the final 2 years suspended for 3 years on the following conditions:
     1. You must not commit any further offence punishable by imprisonment.
     2. You must report to the Probation Office within 48 hours of your release from custody.
     100. You must live where directed by the Probation Officer.
     4. You must be placed on probation for period of your suspended sentence.
     5. Your name will remain on the No-Fly List and your passport with the Court for the period of your suspended sentence.

Ancillary Orders

136. I further order pursuant to section 32(3)(b) of the Illicit Drugs Control Act for the destruction of the drugs and utensils in these proceedings forthwith by incineration.
137. In relation to the assets submitted for forfeiture and assets submitted for release, a Court Order will be issued accordingly to deal with these matters to all parties.
138. That is the Order of the Court.
     

NUKU’ALOFA
HON. MALCOLM BISHOP KC
LORD CHIEF JUSTICE
5 January 2026