Police v Fano [2016] WSSC 107 (29 June 2016)

SUPREME COURT OF SAMOA
Police v Fano [2016] WSSC 107

Case name:	Police v Fano
Citation:	[2016] WSSC 107
Decision date:	29 June 2016
Parties:	POLICE and OLIVER FANO female of Vaitele-Uta (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Leilani Tuala-Warren
On appeal from:
Order:	The accused is convicted and sentenced to 6 months supervision with a special condition. The condition is that she spend 60 hours with the young mothers in the Samoa Victim Support Shelter, teaching them the skills of floral arrangement.
Representation:	O. Tagaloa for Prosecution Accused in person
Catchwords:	Possession of ammunition
Words and phrases:
Legislation cited:	Arms Ordinance 1960 s. 12(1)(2)(3); Community Justice Act 2008 ss. 13; 16
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

OLIVER FANO female of Vaitele-Uta
Accused

Counsel:
O. Tagaloa for Prosecution
Accused in person

Sentence: 29 June 2016

S E N T E N C E

The charge

• The accused appears for sentence on one charge pursuant to s. 12(1)(2)(3) Arms Ordinance 1960 of being in possession of ammunition for an unlawful weapon. The maximum penalty is a fine of $1000 or 5 years imprisonment or both.
• She pleaded guilty to the charges on 17 June 2016 when the Court granted her leave to change her plea.

The offending

• According to the Prosecution Summary of facts accepted by the accused, on 22 August 2015 during a police search of the flat in which the accused and others lived, Police found 1 live pistol round or 1 bullet in the room of the accused.

The accused

• The accused is 37 years old. She now lives with her husband at Vaitele Uta, but had lived for 6 years in Asaga Savaii. She is self-employed, making wreaths and floral arrangements for special occasions. Prior to this, she worked predominantly in hospitality having attended University of Hawaii for two years studying Travel and Tourism.
• There are testimonials from her Reverend and Sui o le Nuu of Asaga. Both say she was a valuable and helpful member of the church and village of Asaga for the 6 years she was living in Asaga with her husband. Of interest is what Sui o le Nuu said that the accused offers her help to the youth and women of the village.
• The accused is a first offender.

Aggravating features of the offending

• It is aggravating that what was found was ammunition for an unlawful weapon. It begs the question of the need for such ammunition.

Mitigating factors

• I accept in mitigation that there was only 1 live pistol round, being 1 bullet.
• She has been of good character until this offending. The testimonials from her Reverend and Sui o le Nuu attest to her good character.
• Her guilty plea to the charge is a mitigating factor although not at the earliest opportunity.

Discussion

• Having regard to the circumstances of this offending, I have decided to impose a non-custodial sentence.
• Section 13 of the Community Justice Act 2008 states that a Court may impose a sentence of supervision only if the Court is satisfied that a sentence of supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
• Section 16 of the same Act states that the Court may impose such special condition or conditions related to the rehabilitation or integration of an offender as the Court thinks necessary.
• I accept that there will be no further reoffending by the accused. She has a lot to offer youth and I will incorporate that into her sentence today. She is skilled in making wreaths and floral arrangements.
• However a word of caution to the accused that firearm offences are viewed seriously by the Court and any further offending of the same nature, will attract a harsher sentence.

Sentence

• For the charge of possession of ammunition for an unlawful weapon, the accused is convicted and sentenced to 6 months supervision with a special condition. The condition is that she spend 60 hours with the young mothers in the Samoa Victim Support Shelter, teaching them the skills of floral arrangement.
  

JUSTICE TUALA-WARREN