Police v Tuilaepa [1999] WSSC 32 (21 May 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Informant

AND

SIONA LEILOA TUILAEPA
of Magiagi
Defendant

Counsel: Mr G. Latu for the Informant
Mr S. Toailoa for the Defendant

Hearing Date: 21 May 1999

SENTENCING REMARKS OF WILSON J.

Siona Leiloa Tuilaepa, you were originally charged with a drug offence and you pleaded Not Guilty. You later changed your plea to one of Guilty and I have accepted that plea. You now stand convicted of the drug offence known as possessing narcotics.

On 8th February 1999, at Motootua, you were found in possession of narcotics. The narcotics were cannabis substances. The cannabis substances were some leafy plant material, some hand-rolled cigarettes, some packages and some seeds.

I accept, for sentencing purposes, that you had those narcotics in your possessions for your own use, and I accept that there was no commercial purpose. The prosecution did not seek to prove otherwise, so, for sentencing purposes, there is no aggravating circumstance which the law calls 'the motive of profit'.

You are a 37 year old married man, who is a farmer now. You have six dependent children and there are two other children by a de facto relationship. You have no relevant previous convictions. Although you have some previous convictions, you have no convictions for drug offences.

I give you credit, (I can show mercy to you) because of your plea of Guilty and for the remorse that you have shown. The mayor of your village, Magiagi, has written to me in the letter that was included with the pre-sentence report. The mayor said in his letter:

"1. Siona and family have already paid the penalty imposed by the Village Council. This penalty was in the form of:

- cartons of herrings,

- box-of biscuits,

- fine mats and

- sum of money

The imposition of this penalty by the village and the response by the defendant was, in my view, in accordance with the Village Fono Act.

2. He has vowed that he will render his services as tautua to the Village, Church and his young children.

3. The Village Council is of the firm belief that Siona is truly remorseful for what he did."

Your lawyer, Mr Toailoa, has explained to me something further about the punishment which the Village imposed. Taking into account the value of the money that you have paid and the value of the items of food and other things that the Village Council fixed by way of penalty, it appears that you have been punished to the extent of $909.00. Your lawyer, quite properly, has asked me to take into account the fact that you have been punished already to that extent through the Village.

I agree with the mayor that the Council has imposed 'a hefty penalty' on you. By me taking into account that Village punishment, I can acknowledge what is said to be, in the law, the notion of restorative justice. But there must be punishment imposed by this Court. This is the Supreme Court of Samoa, and the law of Samoa says that, for this crime, a person must be brought to the Supreme Court for punishment. The punishment that I order today will be much less than it might have been because of the punishment that you have received at the hands of the Village Council.

I have listened to the submissions of your counsel, and I have taken into account the matters referred to in the pre-sentence report and accompanying papers. Your lawyer will understand when I say that, in sentencing you, I take into account deterrence, rehabilitation, and restorative justice.

The sentence of the court is that you be fined the sum of $200.00, in default four days imprisonment. I will allow ample time to pay. In addition, you will be placed on probation for a period of two years to be under the supervision of a Probation Officer. Had it not been for the hefty punishment imposed by the Village, I would have ordered you to do many hours of community service work, but I will not make such an order now.

I have not said anything, in these sentencing remarks, about the hardship to your family had you been sent to prison. All I say is that, if you were to break the drug law again, you will go to prison regardless of the hardship to your family.

You have two weeks to pay the fine.

JUSTICE WILSON