Police v Taliaoa [2023] WSSC 73 (19 October 2023)

IN THE SUPREME COURT OF SAMOA
Police v Taliaoa [2023] WSSC 73 (19 October 2023)

Case name:	Police v Taliaoa
Citation:	[2023] WSSC 73
Decision date:	19 October 2023
Parties:	POLICE (Informant) v IOSIA VALU TALIAOA a.k.a IOSIA TALIAOA, male of Afega & Oloamanu Prison
Hearing date(s):
File number(s):	S949 #1 and S949 #2 per Charging Document dated 27/3/23.
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 3½ years imprisonment; On the charge of possession of seeds, you are also convicted and sentenced to 3½ years imprisonment. Sentences will be served concurrently but cumulative to the sentence you are currently serving, which means that upon completion of the sentence you are serving at present, you will serve 3½ years for these 2 charges.
Representation:	T. Fesili for the Prosecution Defendant in Person
Catchwords:	Possession of Narcotics – branches – dried leaves – seeds of marijuana.
Words and phrases:
Legislation cited:	Narcotics Act 1967, ss. 7; 18; 69(b).
Cases cited:	Police v. Pene [2015] WSSC 44; Police v. Fetalaiga [2016] WSSC 108; Police v. Ioane [2015] WSSC 137; Police v. Tualagi [2016] WSSC 109.
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

IOSIA VALU TALIAOA a.k.a. IOSIA TALIAOA male of Afega and Olomanu prison

Defendant

Counsel: T. Fesili for the Prosecution

Defendant in person

Sentence: 19 October 2023

SENTENCE

Charges

1. You are a 50 year old father from Afega currently serving an imprisonment term for a charge of attempted murder, now appearing for sentence of 2 charges. The first is possession of narcotics which carries a maximum penalty of 14 years imprisonment. The second is possession of seeds which also carries a maximum penalty of 14 years imprisonment. At first you denied the charges but on the 20th July 2023 when the hearing was to commence, you vacated your not guilty pleas and entered guilty pleas to both charges.

Offending

2. On a Friday in February this year 2023, you were released on weekend parole to spend time with your family. On the 27th February in the afternoon at the main police post in Apia before you returned to Tanumalala, one of the officers conducted the routine search and spot-check, and found in a barrel that contained your belongings illegal substances securely wrapped in a red cloth. When asked by the officers who conducted the search, you confirmed that the substances were marijuana. The substances were sorted, and included were 3 raw branches of marijuana which weighed 52.0 grams; 21 dried marijuana branches with leaves which weighed 12.0 grams; loose marijuana leaves which weighed 7.13 grams and 98 marijuana seeds.
3. According to the summary, the amount of marijuana cigarettes yield from the leaves is 142 marijuana cigarettes. Whilst acknowledging that the substances were marijuana, you claim in the pre-sentence report that they did not belong to you. You suggest that someone might have planted them amongst your belongings at the Apia police station when you went somewhere and left your stuff unattended. I am not convinced of the truthfulness of your claim given your plea of guilty to the charges and in view of a statement by a corrections staff named Pusa Junior Pilitati who discovered the substances. He says that you admitted being the owner when they were shown to you.

Aggravating Factors

4. In relation to the offending these are the aggravating features:
   • (i) the substantial quantity of narcotics found in your possession - there were 3 raw branches; 21 dried branches with leaves; and loose leaves estimated to yield 142 marijuana cigarettes; and 98 seeds;
   • (ii) the nature of your offending - you used weekend parole to deliberately smuggle large quantities of marijuana into prison on your return;
   • (iii) there was clearly planning and premeditation;
   • (iv) the impact of your offending - there have been recent cases of prisoners trying to smuggle marijuana into prison which has impacted the work of corrections and its officers with time and resources spent on investigation.
5. Personal to you as offender I consider your previous convictions on more serious charges unrelated to narcotics. I also consider your lack of remorse as shown in the nature of your offending.

Mitigating Factors

6. In your favour, the only mitigating factor I can think of is your plea of guilty to each of the charges.

Discussion

7. Your offending requires a long deterrent sentence of imprisonment. It is one of numerous incidents of prisoners trying to smuggle marijuana into the prison facility. It was deliberate and calculated and done without fear of detection through routine checks by police. It was also done without any respect or regard for the law. A longer imprisonment term should also send a message to your fellow inmates who might be inclined to commit the same offence, that the courts will not tolerate such behaviour.
8. Prosecution recommend a starting point of 5 years. They cite Police v. Pene [2015] WSSC 44 where the Court adopted starting point of 15 months; Police v. Fetalaiga [ 2016] WSSC 108 where the Court adopted a starting point of 3½ years; Police v. Ioane [2015] WSSC 137 where the Court adopted 3½ years as starting point; and Police v. Tualagi [2016] WSSC 109 where the Court adopted a starting point of 5½ years.
9. Those cases involved substantial quantities of narcotic substances which the Court also found were distributed for commercial purposes; and Ioane and Tualagi involved defendants who had previous convictions for similar offending. None of the cases cited however involved a prisoner serving an imprisonment sentence trying to smuggle large quantities of marijuana into prison like you did. I consider significant that aggravating factor and adopt 5 years as recommended by prosecution. The only deduction I make is for your plea of guilty which was entered late, immediately before trial was to commence. For that I deduct 18 months, leaving a term of 3½ years.

Result

10. For the above reasons I sentence you as follows:
    • (a) On the charge of possession of narcotics, you are convicted and sentenced to 3½ years imprisonment;
    • (b) On the charge of possession of seeds, you are also convicted and sentenced to 3½ years imprisonment.
    • (c) Sentences will be served concurrently but cumulative to the sentence you are currently serving, which means that upon completion of the sentence you are serving at present, you will serve 3½ years for these 2 charges.

JUSTICE ROMA