Police v Mauga [2015] WSSC 145 (23 March 2015)

IN THE SUPREME COURT OF SAMOA
Police v Mauga [2015] WSSC 145

Case name:	Police v Mauga
Citation:	[2015] WSSC 145
Decision date:	23 March 2015
Parties:	The Police (Prosecution) Sevia Mauga, male of Nofoalii. (First Defendant) Sofara Amuamu, male of Leauvaa (Second Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	In respect of the possession of the leaves convicted and sentenced to 4 months in prison, remand in custody time to be deducted. Possession of the eight (8) seeds convicted and sentenced to one (1) month in prison, concurrent term. The offending is serious even though it was only one bullet. The maximum penalty by law is a $5,000 fine or 2 years in prison. An appropriate term would be one month in prison. I reduce that to fourteen (14) days to be cumulative to your above term. O lona uiga mo le mataupu a lau susuga Sofara e 4 masina lou fa’asalaga mo la’au fa’asaina, 14 aso lou fa’asalaga mo le pulufana ae tatau ona toese mai le 4 masina ma le 14 aso lena le taimi lea na e nofo taofia ai mai ia Tesema. A fuafua atu iai masalo poo seisi masina e magalo aua o lea ua fa’aaoga le taimi lea na e nofo taofia ai e fai ma leisi vaega o le fa’asalaga. Ua e malamalama? (Defendant said yes). Sevia you have a clean criminal record and you have a good pre-sentence report. There are also good references attached to the report. On the charges of possession of the marijuana and the seeds, you will be convicted and sentenced to time already served.
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:

THE POLICE
Prosecution

AND:

SEVIA MAUGA, male of Nofoalii.
First Defendant

AND:

SOFARA AMUAMU, male of Leauvaa.
Second Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 23 March 2015

SENTENCE

1. The defendants have been charged jointly with possession of four (4) branches of marijuana and eight (8) marijuana seeds. Also with possession of one live round of .308 ammunition usable for a rifle or a semi-automatic weapon. Both pleaded not guilty to possession of the bullet. But only Sevia pleaded not guilty to the narcotics charges. Sofara pleaded guilty to those.
2. At trial all charges were proven against the defendants. See the courts decision of 18 February 2015. The facts show that the drugs and the bullet were found by police officers in the late evening hours in a bag in a car driven by the defendants. The car was at the time parked at a petrol station near a police road block. It is likely that when the defendants saw the road block they pulled into the petrol station.
3. Police evidence was both defendants appeared to be under the influence of alcohol and/or marijuana. When they were confronted the defendant Sevia tried to run away but was caught. Both defendants were accordingly charged with possession of the contents of the bag and have been remanded in custody since early December 2014. It is now a question of imposing an appropriate penalty on the defendants for their offences. Sofara has previous convictions and Sevia has none. I will deal with you Sofara first.
4. Sofara admitted to a previous conviction in 2009 for possession of narcotics for which he received a prison term. He has reoffended again on narcotics charges. No other penalty is available for you Sofara except a further prison term. You must understand every time you get caught with drugs in your possession you go to prison. But I take into account the quantity involved here is four (4) branches and eight (8) seeds and the fact that you pleaded guilty.
5. I agree with the police submission an appropriate term of imprisonment for the branches would be one month. But that must be uplifted to 4 months because of your previous conviction. You did plead guilty but because you pleaded not guilty to the other charge a trial was nevertheless necessary. It means I cannot give you full credit for your guilty plea. In respect of the possession of the leaves convicted and sentenced to 4 months in prison, remand in custody time to be deducted.
6. Possession of the eight (8) seeds convicted and sentenced to one (1) month in prison, concurrent term.
7. That leaves possession of the bullet. Unfortunately experience shows guns and drugs go together which is disturbing. The offending is serious even though it was only one bullet. The maximum penalty by law is a $5,000 fine or 2 years in prison. An appropriate term would be one month in prison. I reduce that to fourteen (14) days to be cumulative to your above term. O lona uiga mo le mataupu a lau susuga Sofara e 4 masina lou fa’asalaga mo la’au fa’asaina, 14 aso lou fa’asalaga mo le pulufana ae tatau ona toese mai le 4 masina ma le 14 aso lena le taimi lea na e nofo taofia ai mai ia Tesema. A fuafua atu iai masalo poo seisi masina e magalo aua o lea ua fa’aaoga le taimi lea na e nofo taofia ai e fai ma leisi vaega o le fa’asalaga. Ua e malamalama? (Defendant said yes).
8. Sevia you have a clean criminal record and you have a good pre-sentence report. There are also good references attached to the report. On the charges of possession of the marijuana and the seeds, you will be convicted and sentenced to time already served.
9. Ua ala ona fa’apena le fa’asalaga i lau mataupu Sevia ona o lea fa’atoa aumai oe i luma o le tulafono. E le pei o lau tama la o lea ua fa’alua nei ona aumai. Ae o lea na e fa’apea mai i le fa’amasinoga o lou taimi muamua o lou taimi mulimuli. O e manatua lau tala lena? (Defendant said yes). Aua nei toe aumaia oe i luma o le fa’amasinoga. Savali i au upu, aua e savali le fa’amasinoga i ana faaaliga. A toe aumai oe i se mea fa’apea, o lena ua e silafia le mea e oo iai.
10. Mo leisi moliaga lea o le umia o le pulufana e 6 masina lea o le a tu’u atu ai lau susuga i lalo o le ofisa fa’anofo va’ava’aia. Supervision on normal terms and conditions. O aiaiga o lau fa’anofo va’ava’aia o aiaiga masani lava a le ofisa. Masalo a o’o i se taimi ona lua feiloai lea ma le alii ofisa lea e alalala mai e fa’amalamalama atu ia oe tulaga o lau fa’anofo va’ava’aia mo le 6 masina. O lona uiga mo oe ua uma ai ii le taimi falepuipui ao lea o le a amata lau 6 masina e te nofo va’ava’aia ai. O lou fa’asalaga na mo mataupu ia e lua. Fa’afetai ua maea.
    

JUSTICE NELSON