Police v Asiasiga [2015] WSSC 252 (25 May 2015)

SUPREME COURT OF SAMOA
Police v Asiasiga [2015] WSSC 252

Case name:	Police v Asiasiga
Citation:	[2015] WSSC 252
Decision date:	25 May 2015
Parties:	Police (prosecution) v Pepe Asiasiga, male of Asaga and Salelologa
Hearing date(s):
File number(s):	S1295/15 and S1238/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Ema Aitken
On appeal from:
Order:	On the charge of possession, you are convicted now and sentenced to 1 year and 8 months imprisonment, with time served to be deducted. In respect of the charge of escaping, I will simply convict and discharge you
Representation:	R Titi for prosecution Defendant in person
Catchwords:	Possession of narcotics - escaping from custody
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:

Pepe Asiasiga, male of Asaga and Salelologa
Defendant

Counsel: R Titi for prosecution
Defendant in person

Sentence: 25 May 2015

Oral Sentence of Justice E M Aitken

1. Mr Asiasiga, you have pleaded guilty to one charge of possession of cannabis, in particular 49 cigarettes of cannabis back on 4 April this year. You have also pleaded guilty to one charge of escaping from custody. That was a very brief escape; no more than a matter of a few hours, after which you voluntarily returned yourself to the custody of the Police. The possession of cannabis is much more serious and I will address my remarks to that offending.
2. You were at the Salelologa Market on 4 April – a place that is becoming well known in this Court for the dealing of marijuana. Police were on duty there and were watching you and you raised their suspicions to the point where they approached you and searched you and opened your bag. Two cannabis cigarettes were found in your pocket and 47 of them were found in your bag. You claim to the Probation Officer, at least, that only two of those were really yours and that the other 47 belonged to the person who had sold you those two cannabis cigarettes but you plead guilty to the charge as a whole and I must deal with you on the basis that you have been found in possession of 49 cannabis cigarettes and pleaded guilty to that charge.
3. In the submissions on behalf of the Police, the Attorney General seeks a starting point of at least 3 years. Cannabis dealing, which I am satisfied this was, will always attract a term of imprisonment unless there are highly exceptional circumstances, and the starting point will be affected by a range of factors including the amount in your possession and the circumstances of the supply. Forty-nine cannabis cigarettes reflects a small commercial operation and clearly, you were operating from the Salelologa Market, as I have said, a place that is becoming notorious for cannabis dealing in this Court. It is also a place that attracts all range of people including young people and there is a risk therefore that they will become aware of the availability of cannabis.
4. Having regard to other decisions by this Court in respect of people who involved with similar amounts of cannabis for supply, I fix the starting point at 3 years. Now regrettably you are not a first offender. You were convicted of burglary and theft in 2013. Given the recent nature of that offending, I can give you no credit for prior good character.
5. I have listened to what your mother has said and read the probation report and I accept that you are the principal earner for your family – in other words, your wife, your four young children and your mother. It is a tragedy that you have brought this on your family by your conduct but they will now be deprived of your support, both in an emotional and practical way, and in terms of an income. I also have regard to the fact that the family has already paid a significant penalty to the village as a consequence of your behaviour. Because of that penalty, I will reduce your sentence by a term of 6 months and you are also of course entitled to credit for your early plea of guilty, which I fix at a further 10 months. That reduces your sentence down to one of 1 year and 8 months imprisonment.
6. On the charge of possession, you are convicted now and sentenced to 1 year and 8 months imprisonment, with time served to be deducted.
7. In respect of the charge of escaping, I will simply convict and discharge you. I will not impose any further penalty in the circumstances. But if you were to come back before the Court on any charge of escaping you can expect the Court to sentence you to a term of imprisonment.

_____________________

JUSTICE E M AITKEN