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[2023] WSSC 70
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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 |
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Citation: | |
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Decision date: | 19 October 2023 |
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Parties: | POLICE (Informant) v UILI SALELEUA MANULELEUA a.k.a UILI MANULELEUA |
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Hearing date(s): |
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File number(s): | Charge 1 per Charging Document dated 11 September 2023 |
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Jurisdiction: | CRIMINAL |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Fepulea’i A. Roma |
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On appeal from: |
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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 |
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Representation: | T. Fesili for Prosecution Defendant in Person |
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Catchwords: | Possession of narcotics. |
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Words and phrases: |
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Legislation cited: | |
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Cases cited: |
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Summary of decision: |
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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
- 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 11th September 2023. The maximum penalty is 14 years imprisonment.
- On the 24th 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.
- I consider as aggravating factors the prevalence of this type of offending, its impact on the community, and your previous similar
convictions.
- The only mitigating factor in your favour is your guilty plea entered at the earliest opportunity on the 11th September 2023.
- 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.
- 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.
- 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
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