Police v Langkilde [2020] WSSC 58 (9 March 2020)

SUPREME COURT OF SAMOA
Police v Langkilde [2020] WSSC 58

Case name:	Police v Langkilde
Citation:	[2020] WSSC 58
Sentencing date:	9 March 2020
Parties:	POLICE v FILIPO LANGKILDE, male of Satapuala.
File number(s):	S1453/18/S1455/18.S1524/18.
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court Samoa Mulinuu
Judge(s):	Justice Fepulea’i Ameperosa Roma
On appeal from:
Order:	On all 3 charges of (i) Possession of narcotics; (ii) Possession of ammunition without a permit and (iii) Being armed with a dangerous weapon, you are convicted of each charge and sentenced to 12 months supervision with the following conditions: (i) complete 60 hours community work; (ii) complete the 6 weeks psycho - education programme by the Salvation Army.
Representation:	Q. Sauaga for Prosecution Lealiifano L.Tanielu for Accused,
Catchwords:
Words and phrases:	Possession of Narcotics of dry marijuana leaves Possession of ammunition without a permit and Being Armed with a Dangerous Weapon.
Legislation cited:	Narcotics Act 1967 s.7 & 18. Arms Ordinance 1960 s. 7(1)(4), and Police Offences Ordinance 1961 s 25
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

A N D

POLICE v FILIPO LANGKILDE, male of Satapuala.
Defendant

Counsel:

Mr Q. Sauaga for Prosecution Mr Lealiifano L.Tanielu for Accused,

Sentencing: 9 March 2020

ORAL SENTENCING OF JUSTICE ROMA
Charges

[1] You appear for sentencing after being found guilty of the following charges:

• (i) Possession of narcotics, namely dry marijuana leaves weighing 0.5 grams contrary to ss7 & 18, Narcotics Act 1967. The maximum penalty is 14 years imprisonment;
• (ii) Possession of ammunition without a permit contrary to s7(1)(4), Arms Ordinance 1960. The maximum penalty is 2 years imprisonment;
• (iii) Being armed with a dangerous weapon namely a kitchen knife, not being so armed for a lawful purpose contrary to s25, Police Offences Ordinance 1961. The maximum penalty is 1 year imprisonment.

Offending

[2] The charges arose from an incident at Faleolo on the evening of the 27^th September 2018. At trial, I found proven the following:

• (i) From a distance outside the Faleolo police post, someone called out to police to come and fight (‘omai kakou kau’);
• (ii) Police drove out to check and on the road that led inland to the hospital and Aana No. 1 College, they found you holding 2 knives. Your car was also parked there;
• (iii) Police instructed you 3 times to lower the knives before you did;
• (iv) You were brought to the station where police searched your vehicle and found in a box under the steering wheel a newspaper wrapping containing dry marijuana leaves which weighed 0.5 grams;
• (v) At the police headquarters in Apia, your waistbag was also searched and found in it were 12 gauge ammunition.

Accused

[3] You are a 53 year old father of 6 from Satapuala. You are currently unemployed. Your natural parents separated when you were at a young age. They both remarried and you were looked after by your grandparents. You have had 2 marital relationships from which you have 6 children. Your present wife lives with your eldest daughter in the United States.

[4] You are a hardworking individual. You have had a number of employment and have also pursued training and studies at tertiary level.

[5] You have previous convictions for possession of narcotics and for firearm and violence related offending.

[6] Testimonials from your Church, village, most recent employer and most importantly your wife and daughter speak highly of you and how you have worked hard to turn your life around following your previous offending and release from prison 7 years ago.

Aggravating Factors

[7] The aggravating factors are:

• (i) Nature of offending – there was a risk of injury to officers that attended the call and brought you in;
• (ii) Previous convictions for similar and related offending.

Mitigating Factors

[8] I take into account in mitigation of penalty your current personal circumstances and changes observed by your family since your release from prison in 2013.

Discussion

[9] Taking into account the aggravating and mitigating factors and the totality principle, I accept prosecution and defence submission that a non custodial sentence of supervision is appropriate. The Probation Service in their report assessed you as unsuitable for a community based sentence because of your history of previous offending. I do not agree.

Penalty

[10] On all 3 charges of (i) Possession of narcotics; (ii) Possession of ammunition without a permit and (iii) Being armed with a dangerous weapon, you are convicted of each charge and sentenced to 12 months supervision with the following conditions:

• (i) complete 60 hours community work;
• (ii) complete the 6 weeks psycho - education programme by the Salvation Army.

JUSTICE FEPULEA’I A. ROMA