Police v Ioapo [2023] WSSC 29 (18 May 2023)

IN THE SUPREME COURT OF SAMOA
Police v Ioapo [2023] WSSC 29 (18 May 2023)

Case name:	Police v Ioapo
Citation:	[2023] WSSC 29
Decision date:	18 May 2023
Parties:	POLICE (Prosecution) v JOE IOAPO (Defendant)
Hearing date(s):
File number(s):	2023-00382
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Perese
On appeal from:
Order:	Mr Ioapo, I convict you of the offence of giving narcotics, as set out in the Charging Document dated 13 February 2023.
Representation:	E. Tiitii for Prosecution Defendant in person
Catchwords:	Giving narcotics – paid village fine – apology – banished from village – early guilty plea.
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

Prosecution

A N D:

JOE IOAPO

Defendant

Counsel: E Tiitii for prosecution
Defendant in person

Sentence: 18 May 2023

ORAL SENTENCE OF PERESE CJ

1. Documents before me – Summary of Facts, Presentence Report and the Prosecution’s sentencing memorandum, dated 28 April. Defendant made a statement in court. Expressed his remorse for what he has done.
2. The summary of facts. Read out.
3. Joe Ioapo - Personal circumstances: - 5 children. Letters to the court provided by your Pastor, and the village mayor advise that you are a reliable, hard-working man who has served the village and your ekalesia. pYou have apologised to the village and have paid a fine of SAT$1,000. And you were banished by your village.
4. Offences involving cannabis are extremely serious, the maximum penalty for the offence of “giving narcotics” is 14 years imprisonment. The Police say that you should be sent to jail, and that the starting point for your offending is 12 months imprisonment. What makes your offending particularly bad is that you say you don’t consume cannabis and you gave it to someone else because you felt bad about having purchased it in the first place – but then you intended for the person to whom to gave it, to sell the cannabis so that you could get some money to buy alcohol.
5. One way to look at that situation is that you are a person who is manipulative and wicked. But that is not the type of person described in the letters of support.
6. Your wife has stood by you, and supports you, and pleads leniency and that you be given another chance.
7. I’m not going to send you to jail. You have accepted your wrongdoing by pleading guilty to this your first offence. You have expressed your remorse to the Police, your village, and no doubt your family as well. You’ve paid a large fine, and you have been banished from your village. You’ve learnt your lesson.
8. All these different and relevant factors suggest that justice is served by convicting you of this offence, and to warn you not to come back again before the court. I am giving you the second chance your wife, and no doubt you, would like to have. Use this second chance wisely. You are a 49-year-old father – so set your children a good example. You are a committed Christian man, serve your purpose in life with dignity. Your children don’t need a father in prison.
9. There will be a record kept of your offending, and if you come back before the court, you may well be looking at a period in jail. So when you are again tempted to act impetuously, just think about what it would be like to share a room with 30 other men sharing one toilet and shower.
10. Mr Ioapo, I convict you of the offence of giving narcotics, as set out in the Charging Document dated 13 February 2023.
    

CHIEF JUSTICE