SUPREME COURT OF SAMOA
HELD AT MULINUU
Police v Pili [2020] WSSC 73

Case name: 	Police v Pili 	
		
Citation: 	[2020] WSSC 73

Decision date: 	30 September 2020	
		
Parties: 	POLICE v VAILEPA PILI male of Fasitoo-Uta and Moataa.

Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Leiataualesa Daryl Clarke	
		
On appeal from:		
		
Order:	-	Convicted and sentenced to 12 months supervision and ordered to carry out 60 hours community work with the Samoa Victim Support Group.	
		
Representation: 	A. Matalasi for Prosecution
T Leavai for Accused

Catchwords: 		
		
Words and phrases:	aggravating features – mitigating factors - possession of marijuana 	
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

A N D
VAILEPA PILI male of Fasitoo-Uta and Moataa.

Accused

Counsels:
A. Matalasi for Prosecution
T Leavai for Accused

Sentence:	30th September 2020

ORAL SENTENCE
1. 	Vailepa, you appear for sentence on one charge of possession of one marijuana cigarette involving 9 marijuana seeds. 
The Offending
2. 	According to the Prosecution Summary of Facts accepted by you yesterday through your counsel, on the 18th December last year at around 8am at Fasitoo-Uta, an off duty police officer was waiting for a bus. The off duty police officer saw you speaking to another individual by the name of Laeli. The police officer notice that you had discreetly handed over a wrapped piece of paper to Laeli and left. The police officer became suspicious given the manner in which the piece of paper was handed over to Laeli. Accordingly, he contacted the Faleolo Police Station for assistant. When the Faleolo Police officers arrived, they approached you. You were selling goods in front of the Toleafoa Supermarket at Fasitoo. The police informed you about the reason for their present and conducted a search. When the police conducted their search of a small bag, they found 1 marijuana cigarette and 9 marijuana seeds. 
The Accused
3. 	You are a 41 year old male of Fasitoo-Uta and Moataa. You were raised at Fasitoo-Uta and are the second of 7 children. You completed school and attended the National University of Samoa where you graduated with a Diploma in Education in the year 2000. Since 2001 you have been employed in various schools starting at Maluafou College moving on to St Joseph’s College. After that you went to Nuuausala College. You then worked at Samoa College and in 2019 you started working at the Aana College. You continue to be an Accounting teacher at that school.  
4. 	You described by your wife as a caring father that she relies on greatly. You also have a positive character reference from the pulenuu. 
5. 	You have a prior conviction for assault in 2001. You were convicted and discharged.  
Aggravating features:
6. 	In terms of the aggravating features of your offending, I accept that your offending was premeditated. I do not accept that you were a commercial seller of marijuana. There’s no evidence in the SOF that you were paid for the brown envelope that was given to Laeli. It is not an inference I am prepared to infer based on the material before me.  
7. 	In terms of the mitigating features of your offending there are none. 
8. 	There are also no aggravating features personal to you as an offender. Your prior conviction is of a different nature and it was in 2011. 
Mitigating Factors personal to the Offender:
9. 	In terms of the mitigating factors personal to you as an offender I take into account the following:
(i)	your genuine remorse;
(ii)	your early guilty plea; and 
(iii)	the positive testimonial in support of your character. 
Discussion
10. 	Vailepa, you are a school teacher with many years’ experience and a father. Reading your Pre-Sentence Report, you have work in many of the schools in Samoa. As a teacher you are expected to a leader in the community and a role model for your students. Drugs is also a vised that has a serious impact on the lives of the young and the impressionable. You are supposed to be a leader that children follow. It is for that reason that you appearing for sentence today on charges of possession of narcotics as a teacher who teaches our youths is a sad day. It is a day that should never have occurred given your role as a teacher. If our teachers are in possession of drugs, how then our children? You no doubt have disappointed many people today. Most of all your students. Vailepa, you must strive to do better. I hope you have learned from your experience with the Courts. I hope more importantly you realize the disappointment that you have caused. 
The penalty
11. 	I accept the recommendation by both counsel for a non-custodial sentence and will sentence you accordingly. In respect of both charges, you are convicted and sentenced to 12 months supervision and ordered to carry out 60 hours community work with the Samoa Victim Support Group. 
JUSTICE CLARKE