Police v Bragovits [2023] WSSC 28 (5 April 2023)

IN THE SUPREME COURT OF SAMOA
Police v Bragovits [2023] WSSC 28 (05 April 2023)

Case name:	Police v Bragovits
Citation:	[2023] WSSC 28
Decision date:	05 April 2023
Parties:	POLICE (Prosecution) v TAUMATA BRAGOVITS a.k.a TAUMATA TELE’A BRAGOVITS, male of Faleula & Tanumalala (Accused)
Hearing date(s):
File number(s):	2023-00074
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Perese
On appeal from:
Order:	You are sentenced to 8 months’ imprisonment. This sentence is to be served concurrently with the current sentence that you’re on of 11 years five months’ imprisonment. So your sentence in relation to this is to be served concurrently which means it starts today and it will be served at the same time you are serving the other sentence.
Representation:	T. Sasagi for Prosecution Accused in person
Catchwords:	Possession of narcotics – currently serving time – breached parole conditions – early guilty plea – breach of trust.
Words and phrases:	“offended while on special weekend parole”.
Legislation cited:	Narcotics Act 1967, ss. 7; 7(1); 18; 18(a).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

TAUMATA BRAGOVITS a.k.a TAUMATA TELE’A BRAGOVITS, male of Faleula & Tanumalala

Accused

Counsel: T. Sasagi for Prosecution

Accused in person

Date: 05 April 2023

S E N T E N C E

1. Mr. Bragovits, you appear today having pleaded guilty to two informations. One relating to Narcotics Act 1967, sections 7 & 18 charge of possession of narcotics, cannabis substance of four marijuana cigarettes securely wrapped in white rolling paper and loose marijuana leaves; you’ve also pleaded guilty to a charge under section 7(1) of the Narcotics Act 1967 and section 18(a) that you knowingly had in your possession narcotics, namely methamphetamine. One zip lock plastic bag containing methamphetamine weighing 0.02 grams.
2. The summary of facts has been prepared. You’re aged 48, a male of Faleula, and married with seven children. At the time of the offending you had been released on special weekend parole to spend time with your family.
3. On 25 December at around 9.19 police received a call from your family that you had breached one of your parole conditions by consuming alcohol. The police officers attended at Faleula and brought you back to Tanumalala Prison. Police then conducted a body search and found on your person the marijuana cigarettes wrapped in white rolling paper; loose marijuana leaves wrapped inside a newspaper; and a small white clear plastic bag containing methamphetamine. The weight of the marijuana was 1.33grams (that’s the cigarettes); and the weight of the loose marijuana is 2.93 grams; the weight of the zip lock is 0.02 grams.
4. You were interviewed and cautioned by the police, and at mentions on the 06^th February 2023 you pleaded guilty to the charge against you. I note that you appear to have pleaded guilty at the first available opportunity.
5. I have received from you an extensive letter in which you express your remorse as you have done in your advice to the Court this morning. You also say you really don’t know how the drugs got to be found on your body but you accept that that is what has happened. You have a weakness for strong alcohol and you believe that that may well be the root cause of what has happened in this situation. You wish to apologise to the Court, you are very sorry and you acknowledge that you are a person who needs assistance in relation to the issues of drugs and alcohol.
6. You also advise that you sincerely hope that this is the last time that you appear before the Court in relation to these types of offences.
7. The Probation Office has provided a report and I’ve also had an opportunity to read through the Prosecution’s sentencing memorandum and I thank both the Probation Service and the Prosecution for their work in this matter.
8. The short of it Mr. Bragovits is that police believe that the appropriate starting point for possession of narcotics in this matter is 12 months’ imprisonment. I agree with that and I will tell you why. I agree with that because this is the third time that you have appeared in relation to possession of narcotics in the last five years. It appears to me that you have a drug and alcohol problem and the appropriate starting point in this case is 12 months.
9. There is a breach of trust involved in this case because you were out on parole for weekend leave and you are supposed to be trusted when you’re out on that kind of parole, a chance for you to spend Christmas and other opportunities with your family but you have breached that by consuming alcohol to such an extent that you cannot remember what went on, you say.
10. Now when I look at a sentence of 12 months’ imprisonment, I also look at the opportunity for you to try and keep to your word that this will be the last time that you will appear. So therefore I am going to give you a discount of a third of your sentence of 12 months; that brings you down to 8 months’ imprisonment. This sentence is to be served concurrently with the current sentence that you’re on of 11 years five months’ imprisonment. So your sentence in relation to this is to be served concurrently which means it starts today and it will be served at the same time you are serving the other sentence.
11. Now the opportunity to serve concurrently means you must use it to try and fix these issues because drug and alcohol abuse is something you must fix, otherwise you will be back; and if you don’t use this opportunity that I have given you to do that whilst you are serving your 11 odd years then you will be very silly. You appear to be a very intelligent man; your Probation report speaks of you as such a person so please use the opportunity to clear yourself up because you’ve got a long life in front of you; your seven children will not thank you for being in jail more times than they’ve had you out of jail.
12. So that is the sentence of the Court. Eight months’ imprisonment to be served concurrently and that sentence to start today. Stand down.
    

CHIEF JUSTICE