Police v Kelemete [2019] WSSC 26 (19 March 2019)

SUPREME COURT OF SAMOA
Police v Kelemete [2019] WSSC 26

Case name:	Police v Kelemete
Citation:	[2019] WSSC 26
Decision date:	19 March 2019
Parties:	POLICE v ISAAKO KELEMETE male of Faleata and Siusega.
Sentencing date(s):	19 March 2019
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- In respect of the charge before the Court you are convicted and sentenced to 6 months supervision and ordered to carry out 50 hours of community work. I direct that your community work is to be carried out at the Samoa Victim Support Group. You have skills in cooking and I have no doubt that those skills maybe suitable for the SVSG and to help those children. If you are not suitable for that community service as determine by the Probation Service, then you will carry that out as otherwise directed by the probation.
Representation:	F Ioane for Prosecution T Leavai for the Accused
Catchwords:
Words and phrases:	Breach of supervision conditions; attempt to conceal the marijuana; you find other legal means to relax and find pleasure
Legislation cited:
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

ISAAKO KELEMETE male of Faleata and Siusega.
Accused

Counsel:
F Ioane for Prosecution

T Leavai for the Accused

Decision: 19 March 2019

O R A L S E N T E N C E

The Charge:

[1] Isaako, you appear for sentence on one charge of possession of narcotics namely that you were in possession of marijuana substances equivalent to 5 ½ marijuana cigarettes. Information S256/19.

The Offending:

[2] According to the Summary of Facts accepted through your counsel, between 6pm to 7pm on the 21st January 2019 at Faleata road to Siusega, police were travelling on the road. You were seen by the police walking on the road smoking. Police officers smelled marijuana, they then came to you as they were suspicious that you were smoking marijuana. You were told that you were suspected of consuming of being in possession of marijuana substances, at that time you were no longer smoking anything.

[3] Police carried out a body search and they found a small plastic bag containing 3.2grams of dried marijuana loose leaves which is estimated to yield 4 marijuana cigarettes. Police conducted a further search of the area and found marijuana cigarette as well as another half marijuana cigarette wrapped in rolling paper. The total amount of cigarettes that was in your possession was 5 and a ½ marijuana cigarettes.

Background of the Accused:

[4] You are a 35 year old male of Papa Sataua and Siusega. You are employed as a chef. You are described as hardworking, quiet and committed. You have formerly worked for your family and other businesses. You have positive character reference in support of your character. You have a previous conviction entered on the 2nd October 2018 for burglary and theft. For that offending you were convicted and sentenced to 10 months supervision with certain conditions. When you committed this offending you were still under your supervision term. One of the condition of your supervision sentence was not to re-offend within the supervision term.

Aggravating Features of the Offending:

[5] The aggravating features of your offending are as follows:

• You committed your offending whilst under supervision;

• You breached the second condition of your supervision term which was not to re-offend; and

• Your attempt to conceal the marijuana.

Mitigating Features personal as an Offender:

[6] In terms of the mitigating factors personal to you as an offender is your guilty plea and remorse.

Discussion:

[7] Isaako as you will now know, narcotics offending is a serious offence in Samoa. For your offending, you have been remanded in custody for some time from 22^nd January to the 12^th March approximately 7 weeks. I sincerely hope that your experience will encourage you to stop using and smoking marijuana. Your counsel says that your consumption of marijuana is for pleasure and to relax. I hope you find other legal means to relax and find pleasure. Because if you return for similar offending, the outcome might be quite different to what will happen today.

[8] Given the quantity of marijuana in your possession and the time that you have been remanded in custody I accept that a community based sentence is appropriate. In respect of the charge before the Court you are convicted and sentenced to 6 months supervision and ordered to carry out 50 hours of community work. I direct that your community work is to be carried out at the Samoa Victim Support Group. You have skills in cooking and I have no doubt that those skills maybe suitable for the SVSG and to help those children. If you are not suitable for that community service as determine by the Probation Service, then you will carry that out as otherwise directed by the probation.

[9] Isaako please make the most of this opportunity and the work that you carry out at the SVSG. You seem to have many skills, don’t waste them.

JUSTICE CLARKE