Police v Fa'amoe [2019] WSSC 69 (14 January 2019)

IN THE SUPREME COURT OF SAMOA
Police v Faamoe [2019] WSSC 69

Case name:	Police v Faamoe
Citation:	[2019] WSSC 69
Decision date:	14 January 2019
Parties:	POLICE v SUITUPE PAUFA’I FA’AMOE, male of Faleatiu
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:
Representation:	V. Faasii for Prosecution Defendant appears in Person
Catchwords:	previous conviction (murder) – breached parole conditions – possession of marijuana seeds – parole revoked
Words and phrases:	returned to prison to continue serving life imprisonment term
Legislation cited:	Narcotics Act 1967 s. 6(b)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

SUITUPE PAUFA’I FA’AMOE male of Faleatiu
Defendant

Counsel:
V. Faasii for Prosecution
Defendant appears in Person

Date: 14 January 2019

S E N T E N C E

1. Suitupe Fa’amoe appears for sentence on one charge of possession of 18 marijuana seeds which carries a maximum penalty of 14 years’ imprisonment.^[1]
2. The summary of facts prepared by Prosecution was read out and confirmed by Suitupe, which basically says:
   • Suitupe was wanted for breaching his parole conditions (relating to a murder conviction in 1996);
   • On 13 December 2018, he was seen at a Primary School prize giving and the police were notified;
   • Suitupe when he saw the police got into his vehicle and in a hurry to get away from police reversed into a taxi vehicle. The police gave chase and stopped his vehicle;
   • The police searched the vehicle and found 18 marijuana seeds.
3. The Prosecution recommends a 12 month starting point based on the sentences by this Court of similar quantity of marijuana. The Prosecution also took into account the previous conviction of the accused in 1996.
4. The summary of facts says that the accused, Suitupe, was wanted for breach of bail conditions.^[2] It also mentions Suitupe’s previous conviction of murder in 1996^[3] which is his only previous conviction on record. The penalty for murder is life imprisonment, which therefore means that Suitupe is out on parole for this conviction and has breached his parole conditions by re-offending.
5. Suitupe by trying to avoid the police and being chased down implicates his awareness or guilty conscience in breaching his parole conditions.
6. I accept Prosecution’s recommendation of a 12 month starting point on the circumstances of the case not taking into account the previous conviction as an aggravating factor because, (i) the previous conviction is different from the current offending; (ii) the previous conviction was committed more than 20 years ago; (iii) the previous conviction is a “live issue,” that is, the accused is on parole as a result of it from it; and (iv) the penalty for murder is life imprisonment.
7. I also agree that the only mitigating factor is the early guilty plea and this I give a 25% discount of 3 months.
8. The accused parole should be revoked and the accused be returned to prison to continue serving his life imprisonment sentence for murder committed in 1996.
9. For the current offending, he is convicted and sentenced to 9 months’ imprisonment to be served concurrently with his life imprisonment term.
   

JUSTICE TUATAGALOA

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^[1] Section 6(b), Narcotics Act 1967.
^[2] Paragraph 2.
^[3] Paragraph 8.