IN THE SUPREME COURT OF SAMOA
Police v Filiga [2024] WSSC 120 (12 November 2024)

Case name: 	Police v Filiga	
		
Citation: 	[2024] WSSC 120	
		
Decision date: 	12 November 2024	
		
Parties: 	POLICE (Informant) v LINO OMEKA (a.k.a) LINO OMEKA FILIGA male of Tanumalala prison and Faga Savaii (Defendant)	
		
Hearing date(s): 		
		
File number(s): 	2024-04734 Charge A and Charge B per charging document dated 12/9/2024	
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Fepulea’i A. Roma	
		
On appeal from:		
		
Order:	On each of the charges of possession of narcotics and possession of marijuana seeds, you are convicted and sentenced to 16 months imprisonment. The sentences will be served concurrently but cumulative to the term you are currently serving, which means that after you serve your current sentence, you will serve 16 months imprisonment for your present offending.	
		
Representation: 	T. Fesili for Prosecution
Defendant in person.	
		
Catchwords: 	Prisoner – possession of narcotics – possession of marijuana seeds.	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:	Police v. Peseta [2023] WSSC 22;
Police v. Taliaoa [2023] WSSC 73.	
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

LINO OMEKA (a.k.a) LINO OMEKA FILIGA male of Tanumalala prison and 
Faga Savaii.

Defendant

Counsel:	T. Fesili for Prosecution
		Defendant in person

Sentence:	12 November 2024

SENTENCE
1. 	You are currently serving an imprisonment term and now appearing for sentence on two new charges, one of possession of narcotics and one of possession of marijuana seeds.  For each charge, you are liable to a maximum penalty of 14 years imprisonment.  You entered guilty pleas to both charges on the 16th September 2024 when finalised by prosecution. 
2. 	On the 16th August 2024 you were assigned to Apia Police, and picking up rubbish at the carpark opposite the headquarters and next to the traffic lights.  You came across Taula bottles and a package wrapped in white paper.  It contained marijuana.   You ripped plastic from the rubbish bag you were holding and used it to wrap the marijuana.  You then placed the package in your pocket and continued with your work.  You took the substances with you to Tanumalala prison in the afternoon.
3. 	A routine body search there found the plastic bag, and when asked what it contained, you replied it was marijuana.  Faleolo police were contacted, they inspected the package and took your statement upon arrival.  The marijuana leaves weighed 9.54 grams, and twenty seven seeds were also found in your possession.  You admitted your involvement in the offending to Probation.  But I found hard to believe your explanation of how you first found the substances.  However you came to be in possession of the narcotics, your clearly knew what they were, you exercised control over it and intended to conceal it into prison. 
4. 	The aggravating factors are:
(i) 	the quantity - the dry loose marijuana leaves weighed 9.54 grams and there were 27 seeds;
(ii) 	that you offended whilst serving an imprisonment term for serious unrelated offending;
(iii) 	that you took the prohibited substances with you to prison.
5. 	In mitigation of penalty I consider your early guilty pleas to both charges.
6. 	The offences for which you appear are serious, each attracting a maximum penalty of fourteen years imprisonment.  There has also been a growing number of cases of inmates found in possession of narcotics in prison or taking the substances to prison.  They show their lack of remorse, and lack of respect for authority and the law.  The case of Police v. Peseta [2023] WSSC 22 to which prosecution referred is one such case.  The case of Police v. Taliaoa [2023] WSSC 73 is another where the defendant whilst out on weekend parole tried to smuggle into prison large quantities of marijuana branches, leaves and seeds.
7. 	I consider both cases and bear in mind that the quantity in your matter is much smaller.  I consider also the other cases cited by prosecution and accept the sentence must be one of imprisonment.  I adopt 2 years start point.  I make one deduction of eight months for your guilty pleas. 
8. 	On each of the charges of possession of narcotics and possession of marijuana seeds, you are convicted and sentenced to 16 months imprisonment. The sentences will be served concurrently but cumulative to the term you are currently serving, which means that after you serve your current sentence, you will serve 16 months imprisonment for your present offending.

 	JUSTICE ROMA