Police v Moala [2015] WSSC 39 (13 April 2015)

SUPREME COURT OF SAMOA
Police v Moala [2015] WSSC 39

Case name:	Police v Moala
Citation:	[2015] WSSC 39
Decision date:	13 April 2015
Parties:	POLICE (prosecution) v STEWARD MOALA (accused)
Hearing date(s):
File number(s):	S390/15, S414/15-S415/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- (a) For the charge of possession of one hundred and thirty four marijuana joints, the accused is sentenced to 3 years imprisonment. (b) For the charge of possession of loose marijuana leaves weighing 3.2 grams and estimated to yield four marijuana joints, the accused is sentenced to 8 months imprisonment. (c) For the charge of escape from lawful custody, the accused is sentenced to 6 months imprisonment. - The sentences are to be concurrent so that the accused will effectively serve a total sentence of 3 years imprisonment. As the accused is a prisoner, there will be no deduction for time spent in custody pending the outcome of this matter.
Representation:	L Su’a-Mailo for prosecution Accused in person
Catchwords:	Possession of narcotics – escape from lawful custody – maximum penalty – early guilty plea – aggravating and mitigating factors - sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

S390/15, S414/15-S415/15

BETWEEN

POLICE
Prosecution

AND

STEWARD MOALA male of Tafaigata Prison and Faleasiu
Accused

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 13 April 2015

S E N T E N C E

The charges

1. The accused Steward Moala appears for sentence on two charges of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, each of which carries a maximum penalty of 14 years imprisonment and one charge of escape from lawful custody, contrary to s.143, which carries a maximum penalty of 2 years imprisonment. To the charges, he pleaded guilty at the earliest opportunity.

The offending

2. The prosecution’s summary of facts shows that on Monday morning 19 January 2015, the police at Tafaigata prison were informed that the accused who is a prisoner was selling marijuana in the prison. Two police officers then went to find the accused and they found him behind block number 13 holding a securely wrapped bundle. As soon as the accused saw the police officers, he threw off the bundle and ran away. He was caught by the police officers who tried to take him to the prison’s main office but he was able to fight off the officers and escaped from prison.
3. When the police officers retrieved and opened the bundle that the accused had thrown off, they found that it contained one hundred and thirty four marijuana joints and loose marijuana leaves which weighed about 3.2 grams and estimated to yield four joints.

The accused

4. The accused is 35 years old and is from the village of Faleasiu. He is currently serving a life sentence for murder. He also has previous convictions in 2010 for possession of narcotics, burglary and theft.
5. In the pre-sentence report the accused denies the charges against him to the probation service notwithstanding his guilty plea.

Aggravating features relating to the offending

(a) Quantity of marijuana substances

6. The quantity of one hundred and thirty four marijuana joints and loose marijuana leaves estimated to yield four joints which the accused had in his possession is substantial.

(b) Sale of marijuana

7. The accused was not in possession of the marijuana substances simply for his own personal consumption but was selling marijuana obviously for personal gain. In the circumstances, the obvious purchasers and potential purchasers of these marijuana substances were other prisoners at Tafaigata prison.

(c) Place of offending

8. This offending took place at Tafaigata prison where the accused is serving a prison sentence.

(d) Accused’s reaction to the police officers

9. When the accused saw the two police officers approaching him, he threw off the bundle of marijuana substances he was holding and ran away. When the officers caught up with him and tried to bring him to the prison’s main office, he fought off the officers and escaped.

Aggravating feature relating to the accused as offender

10. The accused’s previous convictions is an aggravating feature relating to him as offender.

Mitigating features relating to the accused as offender

11. The only mitigating feature relating to the accused as offender is his guilty plea at the earliest opportunity. However, even though the guilty plea by the accused has saved the Court and the prosecution time and resources, it appears from what the accused told the probation service that his guilty plea is not a sign of remorse.

Discussion

12. Having regard to the totality principle for sentencing, the need for deterrence with this type of offending, and the aggravating features relating to the offending, I will take 3 years as the starting point for sentence. There will be an uplift of one year for the previous convictions. That increases the starting point to 4 years. I will then deduct 25% or one year for the early guilty plea. That leaves 3 years.

Result

13. (a) For the charge of possession of one hundred and thirty four marijuana joints, the accused is sentenced to 3 years imprisonment.
    • (d) For the charge of possession of loose marijuana leaves weighing 3.2 grams and estimated to yield four marijuana joints, the accused is sentenced to 8 months imprisonment.
    • (e) For the charge of escape from lawful custody, the accused is sentenced to 6 months imprisonment.
14. The sentences are to be concurrent so that the accused will effectively serve a total sentence of 3 years imprisonment. As the accused is a prisoner, there will be no deduction for time spent in custody pending the outcome of this matter.
    

Honourable Chief Justice