Police v Faasootauloa [2022] WSSC 22 (1 July 2022)

IN THE SUPREME COURT OF SAMOA
Police v Faasootauloa [2022] WSSC 22 (01 July 2022)

Case name:	Police v Faasootauloa
Citation:	[2022] WSSC 22
Decision date:	01 July 2022
Parties:	POLICE (Informant) v TINI FAASOOTAULOA, male of Saleaula (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:	You are accordingly convicted and sentenced to nine months’ imprisonment on information S107/21. In respect of S1074/21 you are convicted and sentenced to six months’ imprisonment concurrent.
Representation:	V. Faasii for the Informant Defendant appears in Person
Catchwords:	Possession of narcotics – loose leaves of marijuana – marijuana seeds – custodial sentence.
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:

TINI FAASOOTAULOA, male of Saleaula

Defendant

Counsel: V. Faasii for the Informant
Defendant appears in Person

Date: 01 July 2022

S E N T E N C E

1. Tini, you appear for sentence on two charges as follows:
   • (i) That at Fagamalo Police outpost on 31 October 2021, you knowingly had in your possession narcotics, namely, one green plastic bag containing loose leaves of marijuana;
   • (ii) That at Tuasivi Police outpost on 01 November 2021, you knowingly had in your possession 757 marijuana seeds. The seeds being the prohibited plant namely Sativa L.
2. According to the Prosecution summary of facts accepted by you, on 31 October 2021, you were with your co-defendant Malatuni Viliamu. At around 5.00 pm, police received a call from the pulenuu of Fagamalo that the car you and your co-defendant were in was almost involved in a car accident. During that complaint, the pulenuu advised the police that you were drunk and had in your possession marijuana.
3. When police arrived at the scene, they escorted you and your co-defendant to the Tuasivi Police Station; they also took into police custody the vehicle that you had both been in.
4. Police officers searched the bags belonging to you and found in your possession one green plastic bag containing loose leaves of marijuana as well as 757 marijuana seeds of the prohibited plant, namely Sativa L. The weight of the loose leaves found in your possession of 24 grams is estimated to yield 34 marijuana cigarettes.
5. According to the summary of facts, you are a 29 year old male of Saleaula, married with one child. According to the pre-sentence report, you were born and raised at Saleaula, Savaii. You are the second of nine children. You completed school to Year 11. You then managed to secure employment on the seasonal pickers scheme in Australia and New Zealand.
6. You have a child from your first marriage in New Zealand; you remarried in Samoa and had a second child here who is two years old. Your wife describes you as reliable and devoted to your family. She also says you spend most of your time on your plantation.
7. The aggravating features of your offending are:
   • (i) The amount of marijuana leaves and seeds in your possession; and
   • (ii) Your offending with your co-defendant was accompanied by other dangerous and anti-social behaviour in relation to the observation that you were both drunk and almost involved in a car accident.
8. The mitigating factors personal to you as an offender I take into account as follows:
   • (i) The remorse you express in Court;
   • (ii) The imposition of the village penalty which has been paid;
   • (iii) Your prior good character; and
   • (iv) Your early guilty plea.
9. Tini, you were found in possession of a large quantity of marijuana, which included 757 marijuana seeds. The approach of the Samoan Courts to possession of marijuana offending has been made very clear over years. It is a serious offence. It carries a maximum penalty of up to 14 years’ imprisonment. For the quantity of marijuana in your possession, all cases referred to me indicate that imprisonment is the appropriate sentence.
10. Prosecution seeks an 18 month sentence start point of imprisonment; given its quantity of marijuana in your possession, an arguably slightly higher start point could be adopted. I have however decided to accept that start point recommended by Prosecution.
11. Applying the totality principles in S105/21 as the lead charge, from the 18 months, I deduct 3 months for your prior good character and 3 months for your remorse and the village penalty that has been paid. From the balance I deduct 3 months for your guilty plea leaving an end sentence of 9 months’ imprisonment.
12. You are accordingly convicted and sentenced to nine months’ imprisonment on information S107/21. In respect of S1074/21 you are convicted and sentenced to six months’ imprisonment concurrent.
    

JUSTICE CLARKE