Police v Pu'elua [1999] WSSC 20 (27 October 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

VIAVIA LUAMANU PU’ELUA
aka VIAVIA LUAMANU
of Laulii and Salelologa
Defendant

Counsel: Mr R. Schuster for the Prosecution
Mr R.S. Toailoa for the Defendant

Sentencing Date: 27 October 1999

SENTENCING REMARKS OF WILSON J.

Viavia Luamanu of Laulii, you are 36 years of age. You have been found guilty, following your plea of guilty, of being in possession of narcotics. You went to Savaii on 28 May 1999 with a man, who was a taxi driver and who drove for you, to obtain marijuana. You both were apprehended by the police at the wharf on Savaii before returning to Upolu.

You were bringing a relatively large quantity of dried marijuana (enough to almost fill a suitcase). The weight was approximately 200 grams of dried leaves.

This was a serious thing that you did. Had it been established that there was a commercial aspect to what you did (had the motive of profit been proven), you would be facing a prison sentence in the order of two years. No aggravating circumstance appertaining to a profit motive having been urged upon me by the prosecution (the prosecution relies upon the circumstances outlined in the summary of facts), I can (and should) treat you, for sentencing purposes, as one who was (as your counsel put it) obtaining marijuana for his own use. You said it was for your own use and, in particular, for the relief of stress and tiredness.

I have read the previous convictions card. You have previous convictions, but none for narcotics offences, and, in any event, your previous convictions occurred a long time ago. I can therefore treat you very much as if you were a first offender. I have read the pre-sentence report prepared by the Probation Service. I have listened to the submissions of your counsel, Mr Toailoa. I have read the references submitted by the Parish Minister of your church and by your village Mayor.

You have a de facto wife and 3 surviving children. You have carried a large measure of responsibility for your family, indeed you are the main family carer; your wife works in a business and provides most of the money for the family.

You have expressed remorse. Whilst I accept that you are sorry for what you did and that it was wrong, I think that you are mostly sorry on account of the fact that you have caused a great deal of sorrow for your family and you are worried for the hardship for them that may follow.
I do give you credit for your plea of guilty at an early opportunity and for saving the costs of a defended trial.

I emphasise that this was a serious crime. The amount of the narcotics detected in your possession was substantial.

This case calls for a sentence which emphasise both deterrence and rehabilitation.

The sentence of the Court is that you be released on probation for 3 years with a condition that you be of good behaviour, with the condition that you undertake 120 hours of community service as directed by the Probation Service, and that that community service be undertaken within 12 months of the date of entry into the bond, and with further conditions that you be under the supervision of the Probation Officer and obey his or her lawful directions, and with a further condition that you pay to the Registrar of the Supreme Court within 10 months of this day the sum of $1,000.00 towards the costs of this prosecution. I order forfeiture of the marijuana that was recovered.

You should understand that, if you were to breach the probation order in anyway or if you were break the law again or if you were to commit another narcotics offence, you are likely to be sentenced to a term of imprisonment (and you know, from past experience, what that entails).

JUSTICE WILSON