Police v Faimanu [2022] WSSC 21 (8 July 2022)

IN THE SUPREME COURT OF SAMOA
Police v Faimanu [2022] WSSC 21 (08 July 2022)

Case name:	Police v Faimanu
Citation:	[2022] WSSC 21
Decision date:	08 July 2022
Parties:	POLICE (Informant) v REUPENA FAIMANU, male of Fogatuli (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 of possession of narcotics, you are convicted and sentenced to 18 months’ supervision and ordered to attend a Salvation Army Drugs and Alcohol Programme and to carry out 120 hours of community work as directed by Probation Service. On the charge of drunkenness, you are convicted and fined SAT$100 to be paid within 7 days; in default, one week’s imprisonment.
Representation:	A. Uele & B. Vukalokalo for the Informant A. Matalasi for the Defendant
Catchwords:	Possession of narcotics – two rolled cigarettes – being drunk in a public place – previous convictions of similar nature – early guilty plea – village penalty imposed – supervision term imposed.
Words and phrases:
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:

REUPENA FAIMANU, male of Fogatuli

Defendant

Counsel: A. Uele & B. Vukalokalo for the Informant
A. Matalasi for the Defendant

Date: 08 July 2022

S E N T E N C E

1. Reupena, you appear for sentence on one charge of possession of narcotics, namely two rolled cigarettes of marijuana; and one charge of being drunk in a public place.
2. According to the summary of facts accepted by you through your counsel on 09 February 2022 around 9.00pm at Vaitoomuli Palauli, police were conducting a road block. Police stopped the bus that you were a passenger on; police were informed that you were consuming Taula Strong on the bus. The bus drive explained to police that he had told you to stop consuming alcohol on the bus. They told you it is prohibited to do so but according to the bus driver you did not comply.
3. You told the Probation Service in your pre-sentence report that you had not been consuming the alcohol but had been holding it, but it had spilt. When police entered the bus they found you holding the Taula Strong bottle. You were then taken to the Vaitoomuli Police Post and a body search was conducted, you were found in possession of two marijuana cigarettes.
4. According to the summary of facts you are a 55 year old male of Fogatuli. You are employed as a teacher at the Uesiliana College at Satupaitea. You grew up at Fogatuli and are the eighth of nine children. You have been a teacher for many years teaching at Vaimauga College, Maluafou College, Levaula College, Nuuausala College, St Joseph’s College and Don Bosco College.
5. You have prior convictions for similar offending. In 1991 you were convicted of possession of narcotics and imprisoned for two months; in 2019 you were again convicted of possession of narcotics and possession of seeds and sentenced to a fine and costs.
6. The aggravating features of your offending are that when you committed this offending you were on a public bus. In terms of the mitigating features, I take into account 1) your early guilty plea, and 2) the village penalty that is referred to in the pre-sentence report.
7. Reupena, having been convicted for possession of narcotics in 2019 just three years later you reappear for sentencing for the same offence. As a result, Prosecution is seeking an imprisonment term to be imposed today with a starting point of 3 months with an uplift of 3 months.
8. As a teacher, you are expected to be a role model for your students. A significant risk to youth today is the irresponsible consumption of alcohol often leading them to violent offending and taking drugs. As a teacher, you are expected to counsel your students to avoid drugs and only consume alcohol responsibly. In your case, you have now appeared for drug offending on two earlier occasions and the last just three years ago.
9. In those circumstances, I am minded to impose on you an imprisonment term to deter you from continuing with this type of offending. While an imprisonment term may be imposed, I am struck by the comments from your sister Lani to the Probation Service about the influence of alcohol in your life and your downfall. I also have taken into account the advice from the Probation Service that you have not previously undergone programmes to address the causes of your offending, namely alcohol it seems to be.
10. Bearing this in mind and the impact of alcohol on your life, I have decided that my sentence will focus on your rehabilitation with a component of deterrence in the non-custodial range of sentences.
11. You must however understand Reupena that the chance I am giving you today to avoid prison means that if you should reoffend for similar offences again in the future, you will be unlikely to receive a non-custodial sentence. This chance is also being given to you Reupena as you obviously have a lot to offer youth and the community in your role as a teacher.
12. Often one of life’s great lessons is learning from your mistakes and teaching others about the consequences of those so they do not follow you. I sincerely hope today marks the last time you will appear before the Courts. Focus on your life and what you can do to help your students.
13. On the charge of possession of narcotics, you are convicted and sentenced to 18 months’ supervision and ordered to attend a Salvation Army Drugs and Alcohol Programme and to carry out 120 hours of community work as directed by Probation Service.
14. On the charge of drunkenness, you are convicted and fined SAT$100 to be paid within 7 days; in default, one week’s imprisonment.
15. Probation, in respect of the community work component, please ensure that there is appropriate work that he is directed to undertake, not weeding or anything like that but to use the skillset he has as a teacher perhaps at Samoa Victim Support Group or a similar type of group.
    

JUSTICE CLARKE