Police v Mateai [2014] WSSC 138 (28 May 2014)

IN THE SUPREME COURT OF SAMOA
Police v Mateai [2014] WSSC 138

Case name:	Police v Mateai
Citation:	[2014] WSSC 138
Decision date:	28 May 2014
Parties:	Police (Prosecution) Sagato Mateai, male of Falelauniu-tai and Samatau. (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:	You will be convicted and sentenced to 10 months in prison.
Representation:	O Tagaloa for prosecution Defendant 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:

SAGATO MATEAI, male of Falelauniu-tai and Samatau.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 28 May 2014

SENTENCE

1. In this case originally there were two defendants. They were jointly charged with possession of cannabis substances namely two branches of marijuana plus loose leaves wrapped in a white newspaper. The two branches is said in the police summary of facts to be one was seven and a half (7½) inches long and the other eighteen and half (18½) inches long and capable of producing six (6) cigarettes. The loose leaves of marijuana weighed thirteen and half (13½) grams enough to make nineteen (19) or so cigarettes.
2. At some stage the charge against the first defendant Eteuati Levaopolo was withdrawn by leave on prosecution application. Leaving the present defendant Sagato Mateai as the sole defendant facing a charge of possession of these narcotics. Charge to which Sagato originally pleaded guilty. But when the police summary of facts was read to him on sentence date he said that the narcotics were not his and that all he had in his possession was half (½) a cigarette.
3. The police have accordingly produced two Constables of the arresting party to testify as to the marijuana found in the defendants possession. Their evidence which is consistent with each other is that in the early morning hours of Thursday, 20 February they were on patrol at Malololelei. They saw the two defendants sitting by the side of the road. As they went past they noticed the scent of marijuana. They turned their vehicle around and approached the defendants.
4. Constable Ofisa Pauga said that when they were about 20 meters from the defendants the defendant Sagato ran away holding a bag. Constable said he grabbed the defendant who did not run while the other officers pursued Sagato. He said that the defendant he had was dazed and in a trance and appeared to be under the influence of narcotics.
5. The police eventually found Sagato hiding under a bush holding his bag. Constable Leone Filemu said that Sagatos bag was open and clothes had fallen out. He also said that half a cigarette was found near this defendant. He then took this defendant back to where the other defendant was with Constable Ofisa.
6. The police officers conducted a search of the area. And just behind where the defendants had been sitting they found the packet of marijuana containing the two branches and the loose leaves of 13.5 grams. They also searched the defendants and on the first defendant Eteuati they found two further cigarettes in his shirt pocket. Accordingly Eteuati was charged with possession of the two cigarettes. He has already been dealt with by the court. This left the defendant Sagato which the Constables were testifying about.
7. Sagato has continued to deny that the packets of narcotics found behind where they were sitting is his. He says the half cigarette is his but not the packet of narcotics. In effect therefore he is saying that the narcotics belonged to the other defendant Eteuati. However it is notable that the only defendant carrying a bag was in fact Sagato. And the only defendant that ran from the police is the defendant Sagato. And when they caught him his bag was open. The inference to be drawn from the evidence of his being in possession of a bag and his running from the police is that the packet of narcotics was in fact his and was in the bag.
8. Having heard the evidence I am satisfied beyond reasonable doubt that the packet of narcotics was his. And that he was selling it to his co-defendant. That is why he ran away and the other defendant did not. There is also no evidence he told the arresting officers that the drugs were not his. That they belong to Eteuati. And at this hearing the defendant as he is quite entitled to do elected not to give evidence.
9. I am satisfied that the police summary of facts correctly outlines what happened and that Sagatos guilty plea to possession of these narcotics should be upheld.
10. As to an appropriate penalty the maximum penalty for this offending is 14 years in prison. This is a substantial quantity that was found on Sagato. According to the police summary of facts two branches enough to yield 6 cigarettes and enough loose leaves to yield 19 cigarettes. That is a total of 25 cigarettes. That is more than is required for personal consumption. The courts sentencing policy as outlined previously is very clear. If you are caught dealing or selling marijuana you will go to jail.
11. An appropriate sentence taking all matters into consideration for your matter Sagato is in the 18 month to 2 year period. The last defendant caught in possession of enough marijuana for 25 cigarettes was sentenced by my brother judge to 2 years in prison. However as a gesture of leniency I will start your sentencing at the lower end of the scale of 18 months.
12. You have a good probation office pre-sentence report as to your background of service to your aiga. You have a reference from your faifeau, it speaks well of you. Your family and in particular your sister speak well of you. You have a clean police record. For your good background then and good character I deduct 6 months from the start point of 18 months that leaves 12 months in prison. For your guilty plea I will deduct 2 months only since you have put that guilty plea to test and the police were required to call witnesses. Leaves a balance of 10 months.
13. You will be convicted and sentenced to 10 months in prison.
    

JUSTICE NELSON