Toomas Liiv, an Estonian who has lived in Tonga since about 2003, was sentenced by the Nuku’alofa Supreme Court to two years’ imprisonment, fully suspended, on charges arising from a police search at Puke in 2019.[1] Justice Niu sentenced him on 18 December 2020 after he pleaded guilty to three charges: possession of cannabis, cultivation of four cannabis plants and possession of two .12 rifle bullets without a licence, all dated 12 April 2019.[2] Police searched his home after a tip that he had drugs there and found 67.12 grams of cannabis and the bullets, which he said were his.[2]

The court heard that Liiv, who came from Estonia with his father at about 18 and stayed on, works as a plumber and motor mechanic to support his partner and two teenage children.[2] A doctor who examined him at the court’s order confirmed a back problem consistent with osteo-arthritis, and Liiv told the judge he used cannabis because it relieved the pain, having grown his own after earlier sentences for possession.[2]

Justice Niu said possession for a high deserves punishment but that this case concerned relief of pain, suspended the two-year term in full for three years and warned that any imprisonable offence in that period would activate it.[2] The court ordered the cannabis destroyed by police and the rifle forfeited to the Crown.[2]