Police v Manuleleua [2023] WSSC 70 (19 October 2023)

IN THE SUPREME COURT OF SAMOA
Police v Manuleleua [2023] WSSC 70 (19 October 2023)

Case name:	Police v Manuleleua
Citation:	[2023] WSSC 70
Decision date:	19 October 2023
Parties:	POLICE (Informant) v UILI SALELEUA MANULELEUA a.k.a UILI MANULELEUA
Hearing date(s):
File number(s):	Charge 1 per Charging Document dated 11 September 2023
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	On the charge of possession of narcotics, you are convicted and sentenced to 1 year and 8 months, or 20 months imprisonment, less time that you have spent in custody
Representation:	T. Fesili for Prosecution Defendant in Person
Catchwords:	Possession of narcotics.
Words and phrases:
Legislation cited:	Narcotics Act 1967, ss. 7; 18(b).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

UILI SALELEUA MANULELEUA a.k.a. UILI MANULELEUA male of Aleisa, Alafua and Vaimoso tai.

Defendant

Counsel: T. Fesili for the Prosecution

Defendant in person

Sentence: 19 October 2023

SENTENCE

1. You are a 32 year old single male, now appearing for sentence on one charge of possession of narcotics following your guilty plea on the 11^th September 2023. The maximum penalty is 14 years imprisonment.
2. On the 24^th August 2023 pursuant to a search warrant, police conducted a raid of a house at Faleatiu. The house according to the police summary was yours. You told the court however this afternoon that the house belonged to a friend of yours namely Misiauro. Whoever’s house it was, what is clear from the summary which you accept is that the warrant was explained to you by police before they proceeded to search the place, and found on the second floor a black bag containing loose marijuana leaves which weighed 6.17 grams. You were informed about the substances which you admitted, before police seized the substances and brought you in for questioning.
3. I consider as aggravating factors the prevalence of this type of offending, its impact on the community, and your previous similar convictions.
4. The only mitigating factor in your favour is your guilty plea entered at the earliest opportunity on the 11^th September 2023.
5. The only appropriate penalty is a deterrent term of imprisonment, especially given your history of similar and related offending. The continuous prevalence of narcotic offending requiring police to plan and prepare and execute search operations is another factor. They require time and resources and present risks to the safety of police officers in conduct of the searches, and other members of the community.
6. Prosecution recommend a start point of four years and I consider the authorities cited in their sentencing memorandum, in particular Police v. Pritchard [2020] WSSC 19 (16 March 2020). Whilst the defendant in Pritchard had a history of similar offending, the quantity of substances found in his possession is quite substantial compared to your matter. I consider appropriate a start point of 2 years. I add 6 months for your previous similar convictions. I then make one deduction of 10 months for your early guilty plea to the charge. The end sentence is 1 year and 8 months.
7. On the charge of possession of narcotics, you are convicted and sentenced to 1 year and 8 months, or 20 months imprisonment, less time that you have spent in custody.
   

JUSTICE ROMA