Police v Alofi [2018] WSSC 86 (15 August 2018)

SUPREME COURT OF SAMOA
Police v Alofi [2018] WSSC 86

Case name:	Police v Alofi
Citation:	[2018] WSSC 86
Decision date:	15 August 2018
Parties:	POLICE v TAVETE ALOFI male of Gataivai, Savaii and Toamua-uta.
Hearing date(s):
File number(s):	S1149/18
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted and sentenced to 4 months imprisonment. - Time that the accused has spent in custody pending the outcome of this matter is to be deducted from the above sentence.
Representation:	L Sua for prosecution Accused in person
Catchwords:	aggravating features relating to the offending – aggravating features relating to the accused as offender – early guilty plea – starting point for sentence – possession of narcotics – sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss. 7&18
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

TAVETE ALOFI male of Gataivai Savaii, Toamua-uta.
Prosecution

Counsel:
L Sua for prosecution
Accused in person

Sentence: 15 August 2018

S E N T E N C E

The charge

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

The offending

2. On 19 July 2018 at around 10:00am, several police officers in civilian clothes were on duty at the Savalalo flea market. One of the police officers came across the accused who was in possession of marijuana and informed the other police officers. The accused was apprehended and brought to the Apia police station where he was body searched. Four marijuana joints weighing a total of 3.5 years were found on him.

The accused

3. The pre-sentence report shows that the accused is 23 years old. He has a wife and two children. He works as a cigarette vendor at the Fugalei market. Sometimes he uses his carpentry skills to earn money. His mother told the probation service that her son is a hardworking person.
4. The accused told the probation service that whist selling cigarettes at the Savalalo flea market, someone came to him and asked him if he could assist in selling five marijuana cigarettes. He took those marijuana cigarettes and put them in his pocket.
5. In 2017, the accused appeared before the Alcohol and Drugs Court on the charge of aggravated robbery and was convicted and sentenced to 6 months supervision with the special condition that he undergoes one on one sessions with the ADC case manager. This must have been because the accused was under the influence of alcohol at the time of the offending. He has now reoffended.
6. The pulenuu of the accused’s village has provided a character reference for the accused. Given the previous and present involvement of the accused with the criminal law, I am not satisfied that the accused is a person of previous good character.

The aggravating features relating to the offending

7. The aggravating features relating to this offending are (a) the number of marijuana joints found in the accused’s possession and (b) the accused was in possession of the marijuana for the purpose of selling to other people.

The aggravating features relating to the accused as offender

8. The accused’s previous conviction in 2017 for aggravated robbery which involved the use of alcohol is an aggravating feature relating to him as offender.

The mitigating features relating to the accused as offender

9. The accused’s early guilty plea is the only mitigating feature relating to him as offender.

Discussion

10. Having regard to the aggravating features relating to the offending and the need for deterrence in this type of offending, I will take 5 months as the starting point for sentence. I will add on one month for the previous conviction in 2017. That increases the starting point to 6 months. I will then deduct 1/3 for the early guilty plea. That leaves 4 months.

Result

11. The accused is convicted and sentenced to 4 months imprisonment.
12. The time that the accused has spent in custody pending the outcome of this matter is to be deducted from the above sentence.

CHIEF JUSTICE