Police v Aleki [2016] WSSC 48 (31 March 2016)

SUPREME COURT OF SAMOA
Police v Aleki [2016] WSSC 48

Case name:	Police v Aleki
Citation:	[2016] WSSC 48
Decision date:	31 March 2016
Parties:	POLICE v PENIATA SEUMANU ALEKI male of Salelologa.
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 14 months imprisonment. - Any time the accused has already spent in custody is to be deducted from that sentence of 14 months imprisonment.
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	Possession of marijuana – possession of marijuana seeds – maximum penalty – found guilty at trial – escape from lawful custody– aggravating and mitigating factors – 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

BETWEEN

P O L I C E
Prosecution

A N D

PENIATA SEUMANU ALEKI male of Salelologa.
Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 31 March 2016

S E N T E N C E

The charges

1. The accused Peniata Seumanu of Salelologa and Salelavalu in Savaii appears for sentence on two charges of possession of marijuana substances, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 7 years imprisonment, and on one charge of possession of marijuana seeds, contrary to s.6 of the Act, which carries a maximum penalty of 7 years imprisonment. To these three charges, the accused pleaded not guilty but was found guilty at trial. The accused also appears for sentence on one charge of escape from lawful custody, contrary to s.143, of the Crimes Act 2013, which carries a maximum penalty of 2 years imprisonment. To this charge, the accused pleaded guilty at the earliest opportunity.

The offending

2. The brief facts relating to the first three charges of possession of narcotics were that on 18 April 2015 in the morning, the accused and another boy were having a scuffle on the wharf at Salelologa. When the police arrived, the accused ran away. When the police finally caught up with the accused and put him on a police vehicle, they found that the accused was being in possession of the following marijuana substances: six marijuana branches with leaves weighing a total of 16.4 grams and estimated to produce twenty three joints, marijuana loose leaves weighing a total of 63.9 grams and estimated to produce ninety one joints, and fourteen marijuana seeds.
3. The brief facts relating to the charge of escape from lawful custody were that on 27 April 2015 while the accused was in custody at the Court House in Mulinuu, he escaped.

The accused

4. The accused is 22 years of age. He is married with two young children. He works on his own plantation to provide for his family. He had a low level of education having left school at Year 11. He also has previous convictions in 2013 for uttering threatening words and police obstruction for which he was fined. Those are offences of a different nature from his present offences.
5. The testimonials from the pastor of the accused’s church shows the accused as a hardworking person and supportive of the activities of his church, village and family. The testimonial from the pulenuu of the village where the accused, his wife and children are presently living shows the accused as a good, well behaved and dependable person within the village. The accused is also shown to be a person who is supportive of village activities.

Aggravating and mitigating features

6. In relation to the narcotic offending, the aggravating feature is the quantity of marijuana substances involved. Apart from the marijuana seeds, the other substances are estimated to produce 114 marijuana joints. In relation to the accused as offender, his personal circumstances would count in his favour.
7. In relation to the offence of escape from lawful custody, the accused’s early guilty plea is a mitigating feature.

Discussion

8. In relation to all three charges of possession, I will apply the totality principle. Having regard to the aggravating feature in relation to this offending, I will take 15 months as the starting point for sentence. I will deduct 3 months for the accused’s personal circumstances as set out in the pre-sentence report and testimonials. That leaves 12 months.
9. In relation to the offence of escape from law custody, I will take a starting point of 3 months. I will deduct one month for the early guilty plea. That leaves 2 months.

Result

10. The accused is convicted of the narcotic charges and sentenced to 12 months imprisonment on each of the two charges of possession of marijuana branches and leaves and possession of loose marijuana leaves. On the charge of possession of marijuana seeds, the accused is convicted and sentenced to 3 months imprisonment. These sentences are to be concurrent.
11. The accused is also convicted and sentenced to 2 months imprisonment. This sentence is to be cumulative on the 12 months imprisonment concurrent sentence. The accused will therefore serve a total sentence of 14 months imprisonment.
12. Any time the accused has already spent in custody is to be deducted from that sentence of 14 months imprisonment.

CHIEF JUSTICE