Police v Faisauvale [2010] WSSC 58 (29 June 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

TAGALOASA FILIPAINA FAISAUVALE,
male of Faleatiu and Vaitele
First Defendant

AND:

TAEI FOTU SINAPATI,
male of Faleatiu and Vaitele
Second Defendant

Presiding Judge: Justice Slicer

Counsel: P Chang & G Patu for the Prosecution
T S Toailoa for the First Defendant
I Sapolu for the Second Defendant

Hearing: 18, 19, 20, 21 May, 8 and 11 June 2010
Sentencing: 29 June 2010

Charge: Possession of Narcotics

SENTENCE

1. Tagaloasa Filipaina, the principal offender was found guilty of the crimes of possession of narcotics and firearm. He was engaged in a commercial operation. Sinapati, his nephew was employed by Filipaina to maintain and care for the property on which the marijuana was found. He had been employed for only 2 weeks. When police arrived he acted on instructions and ran into the house, grabbed a package containing narcotics, and threw it over the rear fence in an attempt to hide the evidence. The decision of the Court followed a finding that he was aware of the illegal substance in the package. He told the police that he had earlier been instructed to dispose of the substance if police arrived. This shows that his knowledge was more than of the moment. But there is no other direct evidence of further involvement. He will be dealt with as a minor accomplice with but temporary involvement. He was a family member and acted under the control of an older and experienced person.
   
2. Sinapati is aged 18 and has no prior convictions. A pre-sentence report shows that he has had a difficult life. He is the 6th of 8 children. His father died when he was very young and was raised by his mother with little money or resources. He left school in Year 11 because of financial circumstances. He is thought of highly by his friends who include a respected sportsman.
   
3. The Community Justice Act 2008 section 5 requires the Court to have regard to the desirability of keeping offenders in the community. The age of the offender brings him well within that desired aim. The Court has been told that he has now obtained full time employment which gives him prospects for reform. A pre-sentence report states that he has been assessed as suitable for a community-based sentence.
   
4. Sinapati has served nearly 5 weeks imprisonment, which is taken into account in determining sentence. It is hoped that exposure to prison will act as a future deterrence.
   
5. The Court will exercise its power provided by the Criminal Procedure Act 1972 section 113. He will be required to appear in Court for sentence within 2 years of the date of this order.
   

ORDERS

1. Taei Fotu Sinapati is convicted of the crime of possession of narcotics.
   
2. Taei Fotu Sinapati is to appear for sentence if called upon within a period of two years. It is a condition of the order that he commit no crime or offence involving narcotics within that period.
   

JUSTICE SLICER