Police v Pule [2023] WSSC 13 (21 April 2023)

IN THE SUPREME COURT OF SAMOA
Police v Pule [2023] WSSC 13 (21 April 2023)

Case name:	Police v Pule
Citation:	[2023] WSSC 13
Decision date:	21 April 2023
Parties:	POLICE (Prosecution) and VALENTIN VAAIVA PULE (Defendant).
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Niavā Mata K. Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced as follows: (i) Actual bodily harm – 1 year and 10 months’ imprisonment; (ii) Armed with a dangerous weapon - 3 months’ imprisonment. All sentences are to be served concurrently. That is, the defendant will serve 4 years’ and 1 month imprisonment, less time in custody.
Representation:	Attorney General’s Office for the Prosecution Defendant appears in Person
Catchwords:	Possession of narcotics – actual bodily harm – being armed with a dangerous weapon – marijuana loose leaves – marijuana joint – has previous convictions – custodial sentence.
Words and phrases:
Legislation cited:	Crimes Act 2013, s. 119(1); Narcotics Act 1967, ss. 6(b); 7; 18; Police Offences Ordinance 1961, s. 25.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

VALENTIN VAAIVA PULE

Defendant

Counsel: Attorney General’s Office for the Prosecution
Defendant appears in Person

Sentence: 21^st April 2023

SENTENCING OF JUSTICE TUATAGALOA

1. Valentin, a 32 year old male of Fasitoo-tai appears for sentence today on three counts of possession of narcotics: marijuana loose leaves weighing 22.38 grams estimated to yield 31 marijuana cigarettes^[1], 1040 marijuana seeds^[2] and one (1) marijuana joint^[3]; one count of actual bodily harm^[4] and one count of being armed with a dangerous weapon.^[5]
2. The defendant has previous convictions of being armed with a dangerous weapon, threat to do grievous bodily harm, intentional damage and insulting words which shows he is a person with anger issues and borderline violent.
3. The victim of the assault charge is his own 25 year old cousin who he lived with at the time of the offending.
4. It all started when the victim was looking for his Bluetooth speak which the defendant denied taking. Later, the victim found it in a bucket inside the defendant’s room. The bucket also contained marijuana substances.
5. Upon discovering the speaker was no longer in the bucket, the defendant armed with a square iron bar approached the victim and questioned him about the speaker with the knowledge that the speaker did not belong to him but his cousin (the victim). What really angered the defendant was the victim had seen what was inside the bucket.
6. The defendant assaulted the victim with the iron bar on the head and to the side of his body resulting in a laceration and swelling to the left scalp and a large bruise to the left side of the victim’s body. The defendant’s family intervened and took the victim to the hospital where he received six (6) stitches to the laceration on his scalp.
7. The defendant’s sister later that day, the 25^th February 2023, reported the matter to the police which is suspected are the marijuana substances in the defendant’s possession.
8. Prosecution identified the following aggravating factors for the narcotics offences:
   • (i) Not a first offender;
   • (ii) Prevalence and need for deterrence;
   • (iii) Significant amount of marijuana seeds and marijuana cigarettes estimated from the leaves found in the defendant’s possession; and
   • (iv) Commercial intent from the amount of marijuana substances found in the defendant’s possession.
9. Prevalence and need for deterrence is not an aggravating factor. A recommendation for custodial sentence due to prevalence of a type of offending will act as deterrence.
10. Prosecution recommends a starting point of 5 years’ imprisonment. The previous convictions of the defendant are more related to the offending of actual bodily harm and the use of a weapon, for that offending shows the violent nature of the defendant and anger issues. I agree that the substances found are quite substantial for personal use and infers a commercial intent.
11. I find appropriate the starting point of five (5) years on the number of seeds found in the possession of the defendant. A person in possession of more than 1000 seeds should, in my view, attract a sentence with a starting point no lower than 5 years because it is a substantial amount of marijuana plants and also taking into consideration the huge number of marijuana joints one can get from one fully grown marijuana plant.
12. Taking the totality approach the narcotic offences attracts the same maximum penalty of 14 years’ imprisonment. There are no mitigating factors in the defendant’s favour except for his early guilty plea to which I give a 25% discount. This leaves 4 years’ and 1 month. The defendant for the possession of narcotics offences is convicted and sentenced as follows:
    • (i) Possession of 1040 marijuana seeds – 4 years and 1 month;
    • (ii) Possession of marijuana leaves that would yield 31 joints, a sentence of 2 years is appropriate; and
    • (iii) Possession of one (1) joint, the defendant is convicted and discharged.
13. For the charges of actual bodily harm and being armed with a dangerous weapon. Prosecution recommends a 12 month imprisonment term for the offence of actual bodily harm. I disagree. The aggravating factors of this offending are:
    • (i) Previous convictions for reasons already mentioned;
    • (ii) The part of the body affected or aimed at (head); and
    • (iii) The use of a weapon.
14. This is uncontrolled anger without even a care for the safety of the victim who is the defendant’s own cousin. If the defendant’s family had not intervened, it could have been more serious with the victim’s life at risk.
15. I find appropriate a starting point of 30 months or 2 ½ years’; less 25% for early guilty plea. This, leaves 22 months’ or 1 year and 10 months’ imprisonment. The defendant is convicted and sentenced as follows:
    • (i) Actual bodily harm – 1 year and 10 months’ imprisonment;
    • (ii) Armed with a dangerous weapon - 3 months’ imprisonment.
16. All sentences are to be served concurrently. That is, the defendant will serve 4 years’ and 1 month imprisonment, less time in custody.
    • 
      

JUSTICE TUATAGALOA

---

^[1] Narcotics Act 1967, s. 6(b), maximum penalty 14 years’ imprisonment.
^[2] Ibid., ss. 7 & 18 with a maximum penalty of 14 years’ imprisonment.
^[3] Ibid.
^[4] Crimes Act 2013, s. 119(1), maximum penalty 7 years’ imprisonment.
^[5] Police Offences Ordinance 1961, s. 25, maximum penalty 1 year imprisonment.