Police v Fealofani [2022] WSSC 20 (20 June 2022)

IN THE SUPREME COURT OF SAMOA
Police v Fealofani [2022] WSSC 20 (20 June 2022)

Case name:	Police v Fealofani
Citation:	[2022] WSSC 20
Decision date:	20 June 2022
Parties:	POLICE (Informant) v MAVAEGA FEALOFANI, male of Lotofaga & Saleimoa (Defendant)
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:	On the charge before the Court, you are convicted and sentence to nine months’ supervision and directed to attend any such programme as directed by Probation Service.
Representation:	T. Sasagi for the Informant Defendant appears in Person
Catchwords:	Possession of narcotics – cannabis substances – marijuana cigarettes – early guilty plea – remorseful – non-custodial sentence – sentenced to supervision.
Words and phrases:	“Defendant disputed fact he is a dealer” – “Completed Salvation Army Programme”.
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

MAVAEGA FEALOFANI, male of Lotofaga & Saleimoa

Defendant

Counsel: T. Sasagi for the Informant
Defendant appears in Person

Date: 20 June 2022

S E N T E N C E

1. Mavaega, you appear for sentence on one charge of possession of narcotics namely that on 05^th February 2021, you knowingly had in your possession narcotics, namely cannabis substances: two marijuana cigarettes securely wrapped in white rolling papers weighing 0.8 grams; one marijuana cigarette securely wrapped in a piece of foil weighing 0.9 grams; and loose marijuana leaves weighing 0.2 grams.
2. According to the summary of facts which you accepted, on 05^th February 2021 at around 10.00am at Fugalei, police conducted their patrol at Fugalei market. Police were informed that you were selling narcotics, namely marijuana at the market. The police approached you and informed you that you were suspected of selling marijuana. You were escorted inside the police vehicle and a body search was carried out.
3. You were found in possession of the two marijuana cigarettes, the third marijuana cigarette weighing 0.9 grams and the loose marijuana leaves. The total amount of marijuana in your possession was three marijuana cigarettes and leaves weighing 0.2 grams.
4. During the course of sentencing, you disputed the fact that you are a dealer of narcotics. This was accepted by Prosecution and that you had solely been suspected of selling marijuana.
5. You are a 49 year old male of Lotofaga and Saleimoa. You are married with five children. According to your pre-sentence report, you grew up in Lotofaga Aleipata and discontinued school at Year 12.
6. Although you told the Probation Service that you were convicted for narcotics offending in 2007 and were imprisoned for one month for that offending, the Prosecution summary of facts states you have no prior convictions. I will accordingly sentence you as a first offender.
7. Aggravating factor of your offending is the place of your offending. Fugalei market is frequented by members of the public and a popular location for marijuana to be bought and sold.
8. The mitigating factors I take into account for your sentencing are as follows:
   • (i) Your remorse;
   • (ii) Your completion of the Salvation Army programme;
   • (iii) Your guilty plea.
9. Mavaega, it appears from the court record that after you were arrested you were held in custody for 16 days. I expect that your remand in custody was difficult and that you are well aware of what an imprisonment term would mean for you. You should understand that if you reappear for narcotics offending, you will most likely go to prison.
10. You are however to be congratulated for completing the Salvation Army programme. I sincerely hope that the programme has helped you to address your use of marijuana so that you do not reappear again before the Court.
11. Prosecution has sought a non-custodial sentence with a 12 month supervision term. Having been remanded in custody however for approximately 16 days and completed the Salvation Army programme, I will reduce the supervision term to be imposed. While under the supervision of Probation Service, if you need assistance for programmes to attend, please speak to Probation to provide that for you.
12. Now on the charge before the Court, you are convicted and sentence to nine months’ supervision and directed to attend any such programme as directed by Probation Service.
    

JUSTICE CLARKE