Police v Logovii [2024] WSSC 13 (27 March 2024)

IN THE SUPREME COURT OF SAMOA
Police v Logovii [2024] WSSC 13 (27 March 2024)

Case name:	Police v Logovii
Citation:	[2024] WSSC 13
Decision date:	27 March 2024
Parties:	POLICE (Informant) v VAAI MALO LOGOVII, male of Afega (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court, CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:	Accordingly, you are convicted and sentenced as follows: Possession of methamphetamine, 12 months’ imprisonment less time remanded in custody; Possession of utensil -3 months imprisonment concurrent; Possession of unlawful firearm – 3 months imprisonment concurrent; and Possession of unlawful ammunition – 1 month imprisonment concurrent.
Representation:	M T Fesili for Prosecution A Lesa for the Accused
Catchwords:	Possession of methamphetamine (ice) – possession of utensil – possession of firearm – possession of unlawful ammunition.
Words and phrases:
Legislation cited:	Police v Webber [2023] WSSC 3 (7 February 2023); R v Fatu [2005] NZCA 278; [2006] 2 NZLR 72.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

VAAI MALO LOGOVII, male of Afega.

Accused

Counsel: M T Fesili for Prosecution
A Lesa Accused.

Decision: 27 March 2024

SENTENCE

The Charge

1. Vaai, you appear for sentence on charges of possession of methamphetamine also known as “ice”, possession of utensil, possession of firearm and possession of unlawful ammunition.

The Offending

2. According to the Prosecution Summary of Facts dated 13 March 2024 accepted by you through your lawyer, police were conducting a routine roadblock on Thursday, 23^rd November 2023 around 5.30pm at Moataa. You were the driver of a car driving along the east coast road travelling towards the police roadblock. You had 2 passengers in the car with you. When you were stopped by police, you were asked for your driver’s license. You however informed police that you forgot your license at home. Police discovered that the car you were driving’s warrant of fitness expired in July 2022. However, police also checked the warrant of fitness that was attached to the windscreen of your car and found that that expires in September 2024. The warrant of fitness that was attached to your car belongs to another vehicle.
3. You were then taken by police to the Traffic Unit at Matautu. There, police carried out a body search. Police found in your right pants pocket a zip-lock bag containing methamphetamine weighing 0.12grams. Police also found hidden inside your underwear, a clear glass pipe. Police then searched the vehicle that you had been driving and they found the following items in the car:
   • One 1.22 target pistol;
   • One 9mm live round; and
   • One 30-30 live round.

Background of the Accused

4. You are a 37 year old male of Afega. You are second of 5 children and have 5 children of your own. You were raised in Afega. You completed school to year 13 and then began to work for a motor mechanic business. You then drove a taxi for a number of years before opening your own mechanic business, though it does not appear that you are a qualified motor mechanic.

Aggravating Features of the Offending

5. The aggravating features of the offending are:
   • The offending was premeditated;
   • That you possessed the drugs, a Class A narcotic together with a firearm and ammunition. This is a combination often found together; and
   • The prevalence of methamphetamine offending in Samoa.
6. There are no mitigating features in respect of your offending.

Aggravating Features in respect of the Offender

7. In respect of the aggravating features personal to you, although you have a prior conviction for unlawful possession of firearm, that was 11 years ago. I will not uplift sentence in this case but you will get no deduction for prior good character.

Mitigating Factors Offender

8. The mitigating factors that I take into account on sentencing personal to you are as follows:
   • (a) Your remorse which I accept as genuine;
   • (b) Your personal circumstances. You are the sole breadwinner to family and young children; and
   • (c) Your early guilty plea.

Discussion

9. Vaai, when I asked you how long you had used ice, you said that you had been a user for a month. I do not know whether that is true or not, though I have my serious doubts. One thing however that is clear to me is the destructive effects of ice on users. The New Zealand Court of Appeal in R v Fatu, [2005] NZCA 278; [2006] 2 NZLR 72 described the destructive effects of ice on users as follows:

“Methamphetamine is a particularly destructive drug for users; it is highly addictive with profound mental and physical side effects. It induces aggressive and irrational behaviour, and is regularly responsible for other offending involving extreme violence, a phenomenon not commonly associated with other drugs. It has created a thriving industry, in which organised crime is heavily involved.”

10. In all cases except one that have come before the Courts in Samoa involving ice, every defendant has been sent to prison. The Court’s very stern approach to ice sentencing should be no secret to anyone involved in ice, whether you are an importer, supplier or user. This, I expect, would also have been known to you. You however took a risk, have been caught, and you have now found yourself at Tanumalala Prison for some 4 months.
11. Ice is now embedded into our community. Increasingly, more people are appearing in court for ice possession. Where there is a demand for ice created by users, that demand will be filled by importers and dealers to the point that ice now, anecdotally is, available for anyone who seeks it out. The courts have seen many ice users. I expect it is only a matter of time before a more steady stream of ice importers and dealers begin their journey through our court rooms. Whether you are an importer, dealer or user of ice, you should be under no illusion that you will be sternly punished by the Samoan courts.
12. It was for this reason that in Police v Webber [2023] WSSC 3 (7 February 2023), a warning at [11] was issued stating that:

“For you or anyone else so foolish to either deal in this drug or become a user, this drug will destroy your life either through addiction; the very serious adverse health effects of methamphetamine; death and/or imprisonment. There is no good ending for those who involve themselves with these drugs.”

13. Having considered the authorities referred to by counsel and the sentencing tables in Police v Webber together with the fact that you were in possession of an unlawful firearm, ammunition and a glass pipe, I adopt a 2 year start point on the methamphetamine charge on a totality basis. From that, I deduct 4 months for your remorse and 3 months for your personal circumstances. From the balance, I deduct 5 months for your early guilty plea, leaving an end sentence of 12 months imprisonment.

Result

14. Accordingly, you are convicted and sentenced as follows:
    • (a) Possession of methamphetamine, 12 months’ imprisonment less time remanded in custody;
    • (b) Possession of utensil -3 months imprisonment concurrent;
    • (c) Possession of unlawful firearm – 3 months imprisonment concurrent; and
    • (d) Possession of unlawful ammunition – 1 month imprisonment concurrent.
15. Vaai, it is a pity you did not heed the many earlier warnings issued by the Courts over the years about ice. If you had, you would not now be at Tanumalala Prison. I hope others might learn from your story and the journey you now take to Tanumalala Prison and decide to have nothing to do with this drug.

JUSTICE CLARKE