Police v Petelo [2020] WSSC 9 (28 January 2020)

SUPREME COURT OF SAMOA
Police v Petelo WSSC 9

Case name:	Police v Petelo
Citation:	[2020] WSSC 9
Oral Sentence date:	28 January 2020
Parties:	POLICE v LEO PETELO male of Vaoala and Laulii
File number(s):	S2142/19
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court Samoa Mulinuu
Judge(s):	Justice Fepulea’i Ameperosa Roma
On appeal from:
Order:	On the charge of possession of narcotics, you are convicted and sentenced to 6 months imprisonment, time already spent in custody to be deducted from that term. The 6 months imprisonment term is to be followed by 4 months of supervision.
Representation:	V. Faasi’i for Prosecution Defendant in person
Catchwords:
Words and phrases:	aggravating factors –Alcohol and Drug Court Programme – early guilty plea - possession of narcotics – maximum penalty – starting point for sentence – sentence
Legislation cited:	Narcotics Act 1967 s.7 & 18
Cases cited:	Police v. Aliitasi @ Ikilasi Isumu
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

A N D

LEO PETELO male of Vaoala and Laulii
Defendant

Counsel:
Ms V Faasi’i for Prosecution

Defendant in person

Oral Sentence: 28 January 2020

ORAL SENTENCING OF JUSTICE ROMA

Charge

1. You appear this afternoon for sentence on one (1) charge of possession of narcotics contrary to ss7 & 18, Narcotics Act 1967. The maximum penalty under law is an imprisonment term of 14 years.

Offending

2. The summary of facts which you accept states that on the 9^th October 2019 at around 2pm, Apia Police received a call from a member of the public at Vaoala requesting assistance. The reason for the request is because someone was intoxicated, behaving disorderly and being a nuisance. Police attended the call and upon their arrival, you approached the police vehicle. You were intoxicated. You were informed by police of the subject of the complaint received. You tried to take off, but police were able to detain and take you in for questioning.
3. At the main police post they conducted a body search and found on you 6 marijuana cigarettes wrapped in foil. The substances weighed 8.2 grams. You were then cautioned and interviewed.
4. In the pre-sentence report you explain that you had been drinking alone at home. You were told off by your sisters and in an argument that ensued, you could not control your anger. You swore at your sisters and they called police. What you do not explain is how 6 cigarettes of marijuana came to be found on you.

Accused

5. You are 38 years of age from Vaoala and Laulii. From the material before me you are the youngest of 11 siblings. Your parents have passed on and you now live at Vaoala with 3 of your sisters and their children. Your formal education ended at primary level. You have had a number of employment opportunities but for most of the time, you have stayed and helped out at home, and worked at the plantation. You have a list of previous convictions dating back to the year 2000, 2 of those convictions are for similar offending. Most recently, you graduated from the ADC program in the District Court for alcohol related offending. You were imposed a conviction and a suspended sentence of 3 months in October 2019. A month later you were charged for your present offending.

Aggravating factors

6. The aggravating factors are:
   • (i) Your previous convictions for similar offending in 2000 and 2014 for which you were given custodial sentences;
   • (ii) Your present offending occurred within the 3 months term imposed by the District Court for you to come up for sentence in an alcohol related offending.

Mitigating Factors

7. The only mitigating factor in your favour is your early guilty plea to the charge.

Discussion

8. Prosecution seek a custodial sentence with a starting point of 2 years. In their sentencing memorandum, they rely on a number of sentencing decisions in particular that of Police v. Aliitasi @ Ikilasi Isumu, a sentencing decision of Her Honour Tuala Warren, J in August 2019. Whilst similar to yours in terms of the quantity of narcotics and the defendant having similar previous convictions, the defendant in that case was a drug dealer. There is nothing before me to say or suggest that you are likewise a drug dealer.
9. Whilst I accept that a custodial sentence is appropriate, I do not agree that 2 years is an appropriate starting point. Your history of offending is very clear with alcohol and drugs being a factor. You had the perfect opportunity most recently to change for the better following your graduation from the District Court ADC programme in October 2019. The fact that your present offending occurred a month later is a clear indication of how lightly you take the opportunities granted to you.
10. For your present offending, I adopt a starting point of 6 months. I add 3 months for your previous similar offending, making it 9 months. I deduct 3 months for your early guilty plea, leaving an end sentence of 6 months.
11. On the charge of possession of narcotics, you are convicted and sentenced to 6 months imprisonment, time already spent in custody to be deducted from that term. The 6 months imprisonment term is to be followed by 4 months of supervision.
    

JUSTICE FEPULEA’I A. ROMA