Police v Poe [2015] WSSC 207 (10 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tauavea POE [2015] WSSC 207

Case name:	Police v Tauavea POE
Citation:	[2015] WSSC 207
Decision date:	10 November 2015
Parties:	Police (prosecution) v Tauavea Poe male of Leulumoega-tuai and Vaiee Safata (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to six months’ imprisonment
Representation:	Ms Ioane for the Prosecution Defendant appears in person
Catchwords:	Possession of narcotics – attempted to conceal – previous conviction of same offending –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TAUAVEA POE, male of Leulumoega-tuai and Vaiee Safata
Defendant

Counsel:
Ms Ioane for the Prosecution
Defendant appears in Person

Hearing Date: 10 November 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. Tauavea, you are to be sentenced on one (1) charge of possession of narcotics that you have pleaded guilty to on 9 November 2015. The offence carries a maximum penalty of 14 years’ imprisonment.

The offending:

2. The summary of facts have been read out and you have confirmed the summary of facts on 7 December 2015 which basically says:
3. On 24 October 2015 when you were taken by the police at Lotofaga Police Station for being drunk and swearing, the Police conducted a body search and found on you:
   • One (1) marijuana cigarette; and
   • Two (2) marijuana branches with leaves estimated at 0.6 grams;
   • You tried to conceal the narcotic by putting the paper which had the marijuana in your mouth.

The accused:

4. The summary of facts say that you are 33 years old, single male of Leulumoega-tuai and Vaiee. You told police that you bought the stuff from someone you did not know and that you knew exactly what you were buying. You also told probation in the pre-sentence report that you are a user of marijuana, since 2009.
5. Prosecution and Probation say that you have a previous conviction for the same offending in 2009.

Aggravating factors:

• Attempt to conceal.
• Previous conviction of same offending in 2009 which is an aggravating factor personal to the accused as the offender.

Mitigation:

6. The only mitigating factor I find is your early plea.

Starting Point:

7. I will take a starting point of six months and add another three months to reflect a continuous criminal behaviour by the accused given his previous conviction of similar offending in 2009. I give a 1/3 discount for early plea which then leaves six (6) months’ imprisonment.
8. You are convicted and sentenced to six (6) months’ imprisonment.
   

.....................................
Justice Mata Keli Tuatagaloa