Police v Mateai [2013] WSSC 140 (11 November 2013)

SUPREME COURT OF SAMOA

Police v Mateai [2013] WSSC 140

Case name:	Police v Mateai
Citation:	[2013] WSSC 140
Decision date:	11 November 2013
Parties:	POLICE and ROGER MATEAI, male of Papaloloa and Salelologa (First Defendant ) and ASOFA LEATIGAGA SILA MATEAI, male of Papaloloa and Salelologa (Second Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:
Representation:	F Lagaaia for prosecution Defendants unrepresented
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:	Police v Tamasone (20 December 2010)
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE

Prosecution

AND:

ROGER MATEAI, male of Papaloloa and Salelologa.
First Defendant

AND:

ASOFA LEATIGAGA SILA MATEAI, male of Papaloloa and Salelologa.
Second Defendant

Counsel: F Lagaaia for prosecution
Defendants unrepresented

Sentence: 11 November 2013

SENTENCE

1. In the matter that involves both these defendant the summary of facts which they both accepted the last time this was called says the following: the defendant Roger Mateai is 20 years old of Papaloloa Salelologa married with one child. The defendant Asofa Sila Siliga also 20 years old of the same village is married and is a cousin of Rogers. The two of them lived on the same property at Salelologa.
2. On Thursday 29 August 2012 acting on information the police carried out a search of that property on suspicion that it contained marijuana. The search was pursuant to a search warrant and both defendants were present during the police search. Police discovered the following substances inside a faleoo occupied by Roger: 200 marijuana seeds stored inside a container, a pillow case containing four branches of marijuana heavily laden with marijuana leaves ranging between 18 and 20 inches in length, two (2) marijuana plants 21 and 22 inches high respectively, one (1) 12 gauge shot gun and one (1) 16 gauge shot gun. The defendant Roger admitted to the police that the materials found inside his faleoo belonged to him.
3. During the search the police also discovered another two (2) marijuana plants approximately 7 and 8 inches respectively in height. These were located about 10 metres away from Rogers faleoo. When police were taking these two plants to their vehicle they were met by the defendant Asofa who admitted to the police they were his plants.
4. Following the search the defendants were taken to the Tuasivi Police Station where they were cautioned and interviewed by the police. And charged by the police Roger firstly with possession of the seeds, secondly possession of the four branches of marijuana, thirdly cultivation of the two small marijuana plants and lastly two counts of possession of unlicensed firearm in respect of the shot guns. His co-defendant Asofa has been charged with possession of the two smaller plants that were found by the police outside the faleoo. Both defendants have pleaded guilty to these charges.
5. It should be well known by now that there is a sentencing policy of this court in relation to marijuana offending. That policy is to impose penalties of imprisonment unless there are exceptional circumstances requiring a different treatment. This is especially so in relation to those who grow marijuana and sell it for commercial gain or for money.
6. As was noted by this court in Police v Tamasone (20 December 2010) the maximum penalty for possession and cultivation was recently increased by Parliament from 7 to 14 years in prison. A sign of Parliaments concern about the increasing prevalence of drug offending in our country. A concern that has been expressed by the court for many years. It is quite clear that storing of 200 seeds in a container plus the large quantity of narcotics seized in this police search indicate the defendants were cultivating narcotics for commercial purposes.
7. As noted Roger the maximum penalty now for drug offending of this nature is 14 years in prison. Of the two of you, you have admitted to possessing the most quantity of marijuana. An appropriate start point for sentencing in your matter would be 5 years in prison. But from that Roger you are entitled to certain deductions under the law which I will now make. For your guilty plea I will deduct one-third of the sentence leaving a balance of 40 months in prison. You have a good background of service to your aiga and also your community, you are a first offender, you have no previous convictions. For all that I will deduct 12 months from that balance. Leaving 28 months. There are no other deductions Roger that can be made for you. For each of these drug charges you will be convicted and sentenced to 28 months in prison, terms to be served concurrently.
8. In respect of the firearms charges I accept what you say having viewed the firearms that they do not work. The same conclusion was reached in the police ballistic report that has been filed. As these charges contemplate firearms in good working order and condition I am dismissing those charges. There is no penalty for those charges. But those firearms are ordered to be destroyed.
9. O lona uiga o le faasalaga mo lau mataupu Roger e 28 masina e te nofo falepuipui ai mo moliaga ia taitasi ae tuli faatasi ou faasalaga. A’o le taimi sa e nofo taofia ai e faatalitali le faaiuga e tatau ona toese mai le taimi lena. Ua e malamalama i le faaiuga ma le aofaiga o mataupu ia e faasaga ia oe? (Defendant indicated he understood).
10. Asofa faces only one charge of cultivating two small plants of marijuana. Considering the nature of those plants and the quantity involved for those two matters Asofa an imprisonment sentence is still required but it will be for a lesser period than your cousin. I take into account your guilty plea. Also the fact that you have a good background as well of service to your aiga and your community and the fact that you have no criminal record. For cultivation of the two plants you will be convicted and sentenced to 6 months in prison.
11. There is another matter involving Asofa of actual bodily harm and possession of two cigarettes. I will now deal with that matter. The police summary of facts which Asofa has also admitted says this arises out of an assault on a 58 year old male of Salelologa who was a security guard at the Salelologa market. On Friday the 29th of June the defendant was at the market when a member of the public reported the defendant to the guard saying the defendant was in possession of marijuana cigarettes.
12. Security guard approached the defendant and questioned him. He also grabbed the defendant by the jacket. The defendant reacted by punching the complainant causing him to fall to the ground. While he was on the ground the defendant kicked him. In the struggle the defendants jacket pocket ripped causing two cigarettes of marijuana to fall out. The police arrived and took the defendant into custody and charged him with assaulting the guard and possession of the two marijuana cigarettes. The guards injuries were a cracked upper lip and a bleeding nose. Asofa has pleaded guilty to these two charges.
13. Firstly the charge of causing actual bodily harm to the security guard. I note that the injuries to the guard were not relatively speaking serious. I also note that there has been a village council penalty imposed on you and your family as confirmed this morning by the probation office. This consisted of a large fine and other things. No doubt the large penalty was because you were also in possession of marijuana. I am sure the Alii and Faipule of Salelologa do not condone young men of their village carrying or being involved in drugs. The court commends them for their effort and encourages them and indeed all such village councils to continue with this policy. I take into account what the Alii and Faipule have done by way of penalty.
14. For the charge of actual bodily harm I treat you as a first offender with a good background as mentioned previously. All these factors mean that only a small term of imprisonment will be imposed. You will be convicted and sentenced to 2 months in prison. In respect of possession of the two cigarettes you will be convicted and sentenced to 1 month in prison. Those terms are to be cumulative to each other and cumulative to your other term of 6 months for the other drug offence.
15. O lona uiga o le aofai o lou taimi mo moliaga ia Asofa a tuu faatasi e 9 masina ae tatau ona toese ai le taimi lea na e nofo taofia e faatalitali ai le faaiuga o le mataupu lenei. Ua e malamalama i le tolaulauga atu o mataupu ia e faasaga ia oe? (Defendant indicated he understood).
    

JUSTICE NELSON