Police v Aloese [2014] WSSC 122 (24 March 2014)

IN THE SUPREME COURT OF SAMOA
Police v Aloese [2014] WSSC 122

Case name:	Police v Aloese
Citation:	[2014] WSSC 122
Decision date:	24 March 2014
Parties:	Police (Prosecution) Pitoitua Aloese, male of Faatoia and Vailele-uta (First Defendant) AND Britannia Paese, female of Vaimoso and Vailele-uta (Second Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of possession of marijuana and possession of seeds of marijuana you will be convicted and sentenced to 36 months in prison. On the other charge of possession of pipes you will be convicted and sentenced to 18 months in prison. But that term is to be served concurrent. You will be on all these charges convicted and ordered to come up for sentence for a period of 2 years on the following conditions: (i) You are to remain in good behaviour and stay away from any form of narcotics. (ii) You are not to reoffend and not be brought back to the court for this kind of matter.
Representation:	G Nelson for prosecution Defendants unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

PITOITUA ALOESE, male of Faatoia and Vailele-uta.
First Defendant

AND:

BRITANNIA PAESE, female of Vaimoso and Vailele-uta
Second Defendant

Counsel: G Nelson for prosecution
Defendants unrepresented

Sentence: 24 March 2014

SENTENCE

4. The defendants appear for sentence on a joint charge that at Vailele-uta on the 08^th day of May 2013 they were found in possession of seeds of the prohibited plant Cannabis Sativa L 406 in total and five (5) branches of green leaves estimated to be enough to yield seventy one (71) marijuana joints. They are also charged that they were in possession of nine (9) glass pipes, utensils for the use of a commission of an offence against the narcotics legislation.
5. The summary of facts from the police which they have admitted says that the first defendant Pitoitua is 38 year old male of Vailele-uta and Fa’atoia. He is the husband of the second defendant and the couple have four children. The second defendant is a 35 year old female of Vailele-uta and Vaimoso.
6. In the early hours of Wednesday 8^th of May 2013 the police received a complaint about a person who had been assaulted by the husband Pitoitua. The police also received information that the defendants were selling marijuana from their house at Vaiele-uta. The police responded, went to Vailele-uta and conducted a search of the premises. Britannia answered the door and they told her of the purpose of their visit. She awoke her husband and the police conducted their search of the premises. In the room where the husband was sleeping the police discovered the 5 branches of marijuana leaves, the pipes and the 406 marijuana seeds. That has resulted in the charges against the defendants, charges to which they have pleaded guilty.
7. The courts sentencing policy in relation to drug offending is very simple. You involve yourself in drugs that is the pathway to Tafaigata Prison. You involve yourself in the sale and distribution of illegal narcotics you have put yourself inside the prison gate. This is an attempt on the part of the court to stem the growing tide of illicit narcotics that seems to be taking root in our community. Parliament has indicated its concern about this issue by raising all drug penalties recently. For possession of narcotics from 7 years to 14 years. And there are higher increases for the more serious kinds of narcotics such as cocaine and ice.
8. The defendants have told the court that they are now reformed individuals. They have learnt a great lesson from this experience. They now regularly attend the Vailele Christian Fellowship Church. They have accepted Christ as their savior and finally after 15 years of living together they have married in the church. This has been confirmed by their faifeau in a letter attached to their pre-sentence report.
9. I have no reason to doubt all this. I accept that these two people may have now turned over a new leaf but they must still be held accountable for the old leaf and their criminal offending.
10. The quantity of narcotics found in the defendants house together with the possession of a large number of implements for drug taking indicates that they are more than recreational users. I draw the inference that this couple were involved in the sale and/or the distribution of marijuana. And the largeness of the quantity involved confirms that. The courts policy for such defendants is almost mandatory imprisonment for the reasons already referred to.
11. The maximum penalty for possession of the green leaves of marijuana as well as the seeds is 14 years in prison. But considering all the factors of your offending Pitoitua I agree with the prosecution an appropriate start point for sentence is 5 years. From that start point you are entitled to certain deductions which I will now make. The first is for your guilty plea. Even though it was entered on trial day I will still give you full credit. That is a quarter deduction from your start sentence a period of 15 months leaves a balance of 45 months.
12. The next deduction that you qualify for Pitoitua is for your background and previous record. I know that includes previous convictions but I am going to ignore those previous convictions and treat you as a first offender because those convictions were for different offending. They were not for drug offending. In relation to your background I see that you have good references from your faifeau and even your previous ekalesia and from your pulenuu. There are also other people who the probation office talked to who speak well of you. Your probation report also speaks of the fact that you told them that you had been a user of marijuana since 2006. And you admitted to them you are involved in the use of cocaine. I hope that you kick that habit because that habit can become a death sentence if you do not. So your background is a mixed one of good and bad. I will still give you some credit for that I deduct 3 months from the balance of your sentence. That leaves forty two months.
13. There are no other deductions that you qualify for but I am impressed by your effort at rehabilitating and changing your life. And that has been testified to by the faifeaus who have submitted letters of support for you. To encourage you on that road I will make a further deduction of 6 months from the balance of your sentence. Leaves 36 months.
14. On the charge of possession of marijuana and possession of seeds of marijuana you will be convicted and sentenced to 36 months in prison.
15. On the other charge of possession of pipes you will be convicted and sentenced to 18 months in prison. But that term is to be served concurrent.
16. E poloaiga foi e le faamasinoga e toese o le taimi lea sa e nosotaofia ai e faatalitali ai le faaiuga mai le 36 masina lea ua faasala ai oe mo le mataupu lenei.
17. Britannia who is Pitoitua’s wife also has a good probation pre-sentence report. There are good references filed in respect of you too Britannia and your report indicates you do not have the issues that your husband has. I also suspect that in this matter your husband was the primary person behind the drug business. I have just sent him to prison for 3 years for that. I am also mindful the two of you have a young family. It would not to me be justice to send both of you to jail. I consider that justice is served by your husband taking the punishment for the two of you for this matter. You are going to be spared that penalty. But if you speak the truth when you say you are now a different person, you must now follow that truth. You should perhaps take the decision today in respect of you to be the first of Gods graces to be given to you. Do not abuse it.
18. You will be on all these charges convicted and ordered to come up for sentence for a period of 2 years on the following conditions: (i) You are to remain in good behaviour and stay away from any form of narcotics. (ii) You are not to reoffend and not be brought back to the court for this kind of matter. A faaapea e te tausisi i tulaga uma na mo le 2 tausaga afua atu i le asō o le iuga lena o le mataupu. Ae a fa’apea e toe aumai oe i seisi mataupu i totonu o le 2 tausaga lea e amata atu i le asō, toe lagā loa le faila lea a le fa’amasinoga ma fai loa se fa’atatau e fa’asaga i lau susuga. Ua manino le fa’aiuga o le lua mataupu? (Defendant said yes).
    

JUSTICE NELSON