Police v Pritchard [2020] WSSC 19 (16 March 2020)

SUPREME COURT OF SAMOA
Police v Pritchard WSSC 19

Case name:	Police v Pritchard
Citation:	[2020] WSSC 19
Sentence date:	16 March 2020
Parties:	POLICE v ANISEKO VAELEI (a.k.a) ANISEKO VAELEI PRITCHARD male of Vaiusu and Aele fou.
File number(s):	S1998/19 & S1999/19
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court Samoa Mulinuu
Judge(s):	Justice Fepulea’i Ameperosa Roma
On appeal from:
Order:	For the foregoing reasons, I sentence you as follows: (i) On the one charge of possession of narcotics, you are convicted and sentenced to 3 years imprisonment; (ii) On the charge of possession of seeds, you are convicted and sentenced to 18 months imprisonment. The sentences are to be served concurrently with each other and with the sentences that you are currently serving for previous offending.
Representation:	Mr Q. Sauaga for Prosecution Defendant in person
Catchwords:
Words and phrases:	possession of 30 seeds of marijuana – possession of narcotics
Legislation cited:	Narcotic Act 1967 s.6(b) and s.7 & 18
Cases cited:	(Police v. Feata Laupola (5 February 2014; Police v. Mareko (9 March 2015); Police v. Iosua Savusa (26 January 2015) and Police v. Vaalele Lesa Moli (26 January 2015))
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

A N D

POLICE v ANISEKO VAELEI (a.k.a) ANISEKO VAELEI PRITCHARD male of Vaiusu and Aele fou.
Defendants

Counsel:
Mr Q. Sauaga for Prosecution

Defendant in person

Sentence: 16 March 2020

SENTENCING OF JUSTICE ROMA
Charge

[1] You appear for sentencing on 2 charges contrary to ss6(b), 7 and 18, Narcotics Act 1967.

• (i) one charge of possession of narcotics, namely 19 marijuana cigarettes weighing 7.4 grams and dried marijuana leaves weighing 58.6 grams;
• (ii) one charge of possession of seeds of a prohibited plant namely Sativa L (30 marijuana seeds).

[2] For each charge, the maximum penalty is an imprisonment term of 14 years.

Offending

[3] The prosecution Summary states that on the 9^th October 2019 at the Police watch house in Apia, you were arrested following your escape from Tanumalala prison a few days earlier. Police conducted a search and found in one of your pockets a plastic bag containing narcotic substances.

[4] Specifically police found:

• (i) 19 marijuana cigarettes weighing 7.4 grams;
• (ii) 30 (marijuana) Sativa seeds;
• (iii) Dried loose leaves of marijuana weighing 58.6 grams.

[5] The total estimated street value of the marijuana cigarettes and loose leaves is $513.57.

[6] In the pre sentence report, you say that your offending occurred when you and a fellow inmate Lauititi Taulima escaped from Tanumalala in October last year.

[7] Your efforts attracted the attention of a concerned public and required a wide police search resulting in your capture 3 days later.

Accused

[8] You are 22 years of age. You have a history of previous convictions including one for a similar offending. Probation says that according to the record of the Ministry of Corrections, the imprisonment term you are currently serving and those imposed recently in November 2019 for a series of violence and property related offending will end in July 2033, 13 years from now.

Aggravating Factors

[9] The aggravating features of your offending are:

• (i) Large quantity of narcotic substances – the marijuana cigarettes and leaves had a street value of over $500.00;
• (ii) Circumstances of the offending – your present offending occurred during your escape from prison which required a much publicized police search.

[10] Personal to you as offender, an aggravating feature is your previous similar conviction in 2014.

Mitigating Factors

[11] The only mitigating factor in your favour is your plea of guilty to the charges.

Discussion

[12] There is a prevalence of narcotic related offending and the Court has generally imposed deterrent sentences. On that basis and given the aggravating factors I have referred to, your case requires a strong deterrent sentence. Prosecution seeks a starting point of 4 to 5 years. I have considered the cases cited by prosecution in its sentencing memorandum (Police v. Feata Laupola (5 February 2014; Police v. Mareko (9 March 2015); Police v. Iosua Savusa (26 January 2015) and Police v. Vaalele Lesa Moli (26 January 2015)); the quantity of narcotics and the range of sentences imposed.

[13] I take the possession of narcotics as lead charge and adopt 4 years as the appropriate starting point. I will not uplift a term for your previous similar conviction. I will deduct 12 months for your plea of guilty, leaving an end sentence of 3 years imprisonment.

Penalty

[14] For the foregoing reasons, I sentence you as follows:

• (i) On the one charge of possession of narcotics, you are convicted and sentenced to 3 years imprisonment;
• (ii) On the charge of possession of seeds, you are convicted and sentenced to 18 months imprisonment.

[15] The sentences are to be served concurrently with each other and with the sentences that you are currently serving for previous offending.

JUSTICE FEPULEA’I A. ROMA