Police v Uelese [2015] WSSC 52 (22 May 2015)

SUPREME COURT OF SAMOA
Police v Uelese and Mataio [2015] WSSC 52

Case name:	Police v Uelese and Mataio
Citation:	[2015] WSSC 52
Decision date:	22 May 2015
Parties:	POLICE (prosecution) v JERRY UELESE and SILIPA MATAIO (accused)
Hearing date(s):
File number(s):	S1141/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- The accused Jerry Uelese is convicted and sentenced to 8 months supervision and ordered to perform 35 hours community work as directed by the probation service. - The accused Silipa Mataio is also convicted and sentenced to 8 months supervision and ordered to perform 35 hours community work as directed by the probation service. - There is no recommendation for these accused to attend the drug and alcohol programme by the probation service, I will not impose such a special condition on the accused’s terms of supervision.
Representation:	F Lagaaia for prosecution Accused in persion
Catchwords:	Possession of narcotics – maximum penalty – early guilty pleas – aggravating and mitigating features - sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 (s.7)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S1141/15

BETWEEN

P O L I C E
Prosecution

A N D

JERRY UELESE male of Sili, Savaii, and Nuu and SILIPA MATAIO male of Siumu.
Accused

Counsel:
F Lagaaia for prosecution
Accused in person

Sentence: 22 May 2015

S E N T E N C E

The charge

1. The accused appear for sentence on a joint charge of possession of narcotics, namely, one marijuana joint, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18. To the charge, the accused pleaded guilty at the earliest opportunity.

The offending

2. According to the prosecution’s summary of facts confirmed by the accused, on the night of 17 March 2015 at around 7pm, three police officers in a police vehicle were on patrol at Mulinuu. On their return to the main office in Apia, they were stopped by a man in front of the Origin Energy Gas. This man told the police that there were two men smoking marijuana on the seawall on the opposite side of the road. These two men were the accused. When the police officers approached the accused and asked them what they were doing on the seawall, none of them replied. They were then searched by the police officers but the police officers did not find any marijuana substance on them. The police officers then saw a marijuana joint lying not far from where the accused were sitting. When the police officers asked the accused about the marijuana joint, they admitted it was their joint.
3. The prosecution’s summary of facts also states that the man who informed the police about the accused had also told the police that he saw the second named accused threw away a small plastic bag which contained a rolling paper and one marijuana joint. However, the police could not locate the bag as it was buried under a big pile of rocks on the seawall. As there is no charge in relation to that bag and its contents, I would ignore it.

The accused

4. The accused Jerry Uelese as it appears from his pre-sentence report is 30 years of age. He is from Nuu and Sili in Savaii. He has a wife and a two year old child. At present, he is employed in a construction company and is the sole provider for his wife and child.
5. Jerry told the probation service that he has been consuming marijuana for over a year now. It helps him to relax after a hard day’s work.
6. The accused Jerry is a first offender and the testimonial from his wife shows that he is a hardworking and responsible husband.
7. The accused Silipa Mataio is 22 years of age. He is single and from the village of Siumu. He used to work at a construction company but he told the probation service that he left his job on his own accord and is now working on his family’s plantation at Siumu.
8. Silipa also told the probation service that he has been smoking marijuana since 2014 as it makes him happy and be able to manage his grudges against other people.
9. Silipa is also a first offender. His brother told the probation that Silipa is a hardworking person but he tends to attract trouble because he associates with the wrong crowd.

Aggravating and mitigating features

10. There is no aggravating feature relating to the offending. On the other hand, the only mitigating feature relating to the accused as offenders is their early guilty pleas.

Discussion

11. Having regard to all the circumstances, particularly the quantity of marijuana substances with which the accused are charged, I will accept the recommendation by counsel for the prosecution in his sentencing memorandum to impose sentences of supervision. However, I must warn the accused that if any of them commits this type of offence again and is brought before the Court, he will run the real risk of going to prison.

Result

12. The accused Jerry Uelese is convicted and sentenced to 8 months supervision and ordered to perform 35 hours community work as directed by the probation service.
13. The accused Silipa Mataio is also convicted and sentenced to 8 months supervision and ordered to perform 35 hours community work as directed by the probation service.
14. As there is no recommendation for these accused to attend the drug and alcohol programme by the probation service, I will not impose such a special condition on the accused’s terms of supervision.

Chief Justice Sapolu