Police v Teofilo [2014] WSSC 37 (4 August 2014)

SUPREME COURT OF SAMOA

Police v Teofilo [2014] WSSC 37

Case name: Police v Teofilo

Citation: [2014] WSSC 37

Decision date: 4 August 2014

Parties:
POLICE (prosecution) and TEOFILO TEOFILO (accused) male of Siusega and Seesee.

Hearing date(s):

File number(s): s2917/13

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU

On appeal from:

Order:

Representation:
L Su’a-Mailo for prosecution
Accused in person

Catchwords:

Words and phrases:
sentence, possession of narcotics

Legislation cited:
Narcotics Act 1967 (s.7)

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S2917/13

BETWEEN

P O L I C E
Prosecution

A N D

TEOFILO TEOFILO male of Siusega and Seesee.

Accused

Counsel:
L Su’a-Mailo for prosecution
Accused in person

Sentence: 4 August 2014

S E N T E N C E

1. The accused appears for sentence on one charge of possession of narcotics, namely, marijuana leaves wrapped with a foil, contrary to s.7 of the Narcotics Act 1967. To the charge, the accused had pleaded not guilty but was found guilty at trial.
2. In the early hours of Sunday morning, 24 November 2013, at around 2:30am, a police vehicle on patrol found someone sleeping on the footpath around the cricket ground at the Tuanaimato Sports Complex. The police stopped their vehicle to see who was this person. They found that he was a young man who was extremely drunk. He smelt strongly of alcohol. When the police questioned him, he seemed unsure of where he was. The police then helped the young man into their vehicle and took him to the nearby police post inside the Tuanaimato Sports Complex. When the police searched the young man, they found a small parcel of foil with marijuana leaves in it. It is estimated that those marijuana substances would yield only a half joint. This young man, who is the present accused, was then charged with possession of narcotics after he had recovered from his drunkenness.
3. The accused is 27 years old. He has a wife with seven children ranging from the age of one year to ten years. He works as a fisherman and a planter. He is the sole provider not only for his immediate family but for his wife’s family.
4. As it appears from the pre-sentence report, the accused told the probation service that he smokes cigarettes and drinks alcohol but does not consume marijuana. He also told the probation service that if the charge was properly explained to him he would have pleaded guilty. This is untrue because the charge was properly explained to him. He also told the probation service that someone must have put the marijuana in the pocket of his trousers because he was not aware of it. He said the same thing in his evidence at trial. I did not believe him then because the police also found money and a packet of cigarettes in the same pocket of the accused in which they found the marijuana. In my view, if someone had put the marijuana in the pocket of the accused, I would have expected that person to take the money and the packet of cigarettes which were inside the same pocket but that did not happen. The accused does not appear to be remorseful.
5. There is also an inconsistency between the pre-sentence report and the prosecution’s sentencing memorandum. According to the pre-sentence report, it has been confirmed from police records that the accused has no previous convictions. However, the prosecution’s sentencing memorandum states that the accused has a previous conviction in 2012 for robbery. Be that as it may, the accused is a first narcotic offender.
6. The accused’s wife has pleaded for mercy on her husband who is the sole provider for their young family. The priest of the parish where the accused resides has also provided a testimonial in support of the accused. He says that that the accused comes from a very religious family. He also says that the accused participates in church activities and attends mass regularly. The priest wants to supervise the accused if the accused is given a non-custodial sentence with hours of community service to perform. I am greatly encouraged by this offer by from the accused’s parish priest. It shows the willingness of some members of the clergy to be involved in the rehabilitation process of members of their parish who have been involved in crime. It is an opportunity to prevent an accused person from degenerating into a life of perpetual crime. Crime is more a social problem than just a legal problem. I will take up the offer by the parish priest.
7. The accused is placed under supervision by his parish priest for 6 months. As this is a new development in the criminal sentencing process, I would ask the parish priest to provide a report to the Court on the accused at the end of 6 months. This would assist the Court in terms of sentencing in similar cases in the future where members of the clergy are willing to assist in the rehabilitation of an offender.
   

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CHIEF JUSTICE

Solicitor
Attorney-General’s Office, Apia, for prosecution