Police v Asiata [2020] WSSC 60 (10 March 2020)

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Case name:	Police v Asiata

Citation:	[2020] WSSC 60

Sentence date:	10 March 2020

Parties:	POLICE v FILIPO ASIATA a.k.a FILIPO SILA ALAIVAA a.k.a FILIPO ALAIVAA male of Malifa, Falefa and Satupaitea



File number(s):	S35/18

Jurisdiction:	CRIMINAL

Place of delivery:	Supreme Court Samoa Mulinuu

Judge(s):	Justice Fepulea’i Ameperosa Roma

On appeal from:

Order:	- On the one charge of possession of narcotics, you are convicted and sentenced to 12 months supervision with the following conditions: (i) complete 60 hours community work under the direction of Probation; (ii) complete the 6 weeks psycho - education programme by the Salvation Army.

Representation:	T. Sasagi for Prosecution T. Leavai for defendant

Catchwords:

Words and phrases:	Possession of Narcotics

Legislation cited:	Narcotics Act 1967 s.7 & 18

Cases cited:

Summary of decision:

POLICE v FILIPO ASIATA a.k.a FILIPO SILA ALAIVAA a.k.a FILIPO ALAIVAA male of Malifa, Falefa and Satupaitea
Defendant

[1] You appear for sentencing on one charge of possession of narcotics contrary to ss7 & 18, Narcotics Act 1967. The maximum penalty is 14 years imprisonment. At first you denied the charge but sought to vacate your denial and substitute a guilty plea on 13 February 2020, the date of trial.

[2] The prosecution Summary which you accept through Counsel states that on the 19^th December 2017, police were tipped by an informant that at a taxi stand at Motootua from which your taxi operates, you were there with marijuana substances in your possession.

[3] Police attended the call and found you sitting inside the stand with other taxi drivers. They found a black bag hanging next to where you seated which when asked, you confirmed to be yours. They searched the bag and found inside the following substances which were estimated to yield 7 and 2 marijuana cigarettes respectively:

[5] In the pre sentence report, you say that you found the substances on the road on your way to work. I do not believe that. Your Counsel has now told the Court that the substances were sold to you by someone. I accept that as the truth of what happened. Whichever way, you had custody and control and intended to exercise possession over the substances.

[6] You are 36 years of age and currently unemployed. You are the eldest of 4 siblings and ended your formal education at year 12 level. Your family is dependent on your father’s carpentry work where you have also been helping out. You have 4 children from a previous relationship, 2 of whom are currently under your care.

[7] The testimonials by Pastor Taei Siaki and your pulenuu Talaitaua Kelemete speak of your involvement in the village and church affairs, and acknowledge how some people like you succumb to temptation and end up offending.

[8] You have previous convictions for unrelated offending, the last being in March 2014. For the purposes of this matter, I will treat you as a first offender.

[9] The only aggravating feature relating to your offending is the quantity of substances found in your possession. There are no aggravating factors personal to you as offender.

[11] As offender, I take into account in mitigation of penalty your plea of guilty, though not entered at the earliest, and your personal circumstances.

[12] There is a prevalence of narcotic related offending and the Court has generally imposed deterrent sentences.

[13] In your case, prosecution seeks a non custodial sentence of supervision. I have reviewed the authorities cited in their sentencing memorandum, the circumstances of the respective offending; the quantities of substances and the sentences imposed in each case. I accept that a term of supervision is an appropriate sentence in your case.

[14] But I must warn you that I will not be as lenient the next time you come back for the same offending. Already you have a history of previous convictions which you have now extended to include narcotic related offending. You will be wise to put an end to that list now.

[15] On the one charge of possession of narcotics, you are convicted and sentenced to 12 months supervision with the following conditions:

[16] Filipo, faaaoga lelei le avanoa lea ua tuuina atu. E manino lava le faaiuga, e te le toe maua le faaiuga lenei ua tuuina atu pe a e toe tula’i mai i se soligatulafono tutusa lelei poo se isi foi soligatulafono. Ua e malamalama.

Supreme Court of Samoa

Police v Asiata [2020] WSSC 60 (10 March 2020)