Police v Leota [2024] WSSC 28 (24 May 2024)

IN THE SUPREME COURT OF SAMOA
Police v Leota [2024] WSSC 28 (24 May 2024)

Case name:	Police v Leota
Citation:	[2024] WSSC 28
Decision date:	24 May 2024
Parties:	POLICE (Informant) AND GERALD LEOTA, male of Faleasiu and Fasito’o-uta (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Senior Justice Nelson
On appeal from:
Order:	On the charge of possession of narcotics and utensils the defendant will be convicted and sentenced to time already served. But you will from today onwards be under the supervision of the Probation Office for a period of 18 months. Special conditions of your probation are you are to attend the Salvation Army Drug Rehab program for the treatment of addiction to methamphetamine and other drugs. You will also undertake any other rehabilitation program as instructed by the Probation office. Furthermore you will undertake 200 hours of Community Service as directed by the office under their Community Service Program. In addition you are not to associate with those people and your friends that led you to ice in the first place. And if the Probation Office say to you, you are not to associate with Simi or Sione or whoever, you obey that. Those are the conditions of your probation. On the other charge of threatening words which you directed to your wife, you will be convicted and fined $300. You must also pay Police costs $100 and Probation Office costs $100. These monies are to be paid by 12:00 noon on Monday, 27th May 2024 in default 3 months in prison.
Representation:	T. Fesili for prosecution Defendant unrepresented
Catchwords:	- Possession of narcotics – methamphetamine – glass pipe (utensil) – threatening words -
Words and phrases:
Legislation cited:
Cases cited:	Police v Williams [2014] WSSC 153; Police v Pose (unreported - 08 May 2024)
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

GERALD LEOTA, male of Faleasiu and Fasito’o-uta.
Defendant

Counsel:
T. Fesili for the prosecution
Defendant unrepresented
Sentence: 24 May 2024

S E N T E N C E

1. The defendant pleaded guilty to three (3) charges. Firstly at Tulaele on 28th February 2024 the defendant of Faleasiu and Fasitoo-uta had in his possession 0.5 grams of methamphetamine a prohibited narcotic under the Narcotics Act 1967.
2. He also pleaded guilty to being in possession same place same date of two clear glass pipes for the purposes of committing an offence under the Narcotics Act.
3. Thirdly pleading guilty at Tulaele on 28th February of using threatening words towards his married wife.
4. The Police summary of facts accepted by the defendant says he is 29 years old from Faleasiu and Fasitoo-uta he works the family plantation. The victim in this matter is a 48 year old female from Australia, has four (4) children from a previous relationship and is married to the defendant but they do not have any issue.
5. On 27th February 2024 at about 1:00 pm the defendant and the victim checked in to the Mapusaga River Side Apartments at Tulaele. The defendant demanded $100 from the victim and subsequently a further $200. Over the victims objection she gave him the money. He told her to do as she was told “ga o le fai a o le mea lea e fai aku magū o lelei.” He then drove off in the couples car and did not return until the next day.
6. The next day 28th February at around lunch time the victim observed the defendant using methamphetamine. She saw him pour what look like salt from a small zip-lock bag into a tube, light it and then smoke it. Afterwards the two of them left for town to withdraw some money. When they returned the defendant again smoked ‘ice’ in the toilet of the room. He also demanded another $300 from the victim which the victim in fear of repercussions gave to him.
7. When he left the apartment the victim who was scared called the Police. Around 8:00pm in the evening when the defendant returned the victim heard the defendants telephone ringing and noticed he was not answering his phone. When she asked him why he swore at her and used the threatening words he is charged with. Shortly thereafter the Police arrived and conducted a search of the room and the defendant.
8. Nothing was found in the room or on the defendant but in the couples Ford Ranger they found the narcotics and the utensils. That leads to the defendants court appearance today and the summary also refers to a Family Violence Court matter which I assume is related to this matter.
9. In her victim impact report the victim says:
   • “I have been severely and financially affected by this relationship. I had given a lot of financial support to Gerald and without my knowledge he had been spending it on drugs ‘ice’.”
10. She says further that her relationship with her children and family have suffered and she herself is traumatized by your actions against her Gerald. She had sought the protection of the Police and the courts and says she no longer wants to live with you as the safety of herself and her children have become of great concern to her. That is probably why she has now left and returned to Australia.
11. Your pre-sentence report indicates you are from a normal Samoan household, educated and you stayed home to work and support your family. You currently work the family plantation. At some stage you married the complainant victim in this matter and in the circumstances it is probably just as well that you do not have any children together.
12. Character references attached to your Pre-Sentence Report talk of you as a “kind, compassionate, stable young man.” You do a lot of volunteering work in the village including participating in a Reading Tutorial for children. Yours is a background of stability and family and you fit in well with your village as well your village duties.
13. What I cannot understand is how ‘ice’ came into your life. Your sister Joy seems to think it is because when your mother passed away you fell into depression and fell in with the wrong people. There is probably alot of truth in that, peer pressure and associating with wrong people has contributed to you standing before the court today. I would ask that the Probation office in future reports note that they should try and effect a little bit more research and obtain more information as to how these drug offenders are dragged into the world of drugs and narcotics. Would help us all understand the problem better.
14. The question now is what are we going to do with you young man? You are a first offender you have a good report from the Probation Office on your background and you pleaded guilty to the charges which has not only saved the courts time but also tells the court and re-enforces the remorse that you have verbally expressed.
15. I also note your family have paid a fine of $7,000 to the Village Council this has been confirmed by the Probation Office Supplementary Report this morning. I note in particular your family are always here to support you, that tells me that they care about what happens to you. You know those friends you used to hang around with, are they here? (Defendant: leai lau afioga). No the only people who are here are those people – now that should tell you where your priorities should lie in your life Gerald not your useless drug friends but with your family.
16. For your information the court is becoming very concerned at the rising number of cases of young men caught in the possession of ‘ice’ and being involved with this drug. I set out below passages from previous judgments of the court but suffice it for me to say to you that ice is not like any other drug, it is extremely addictive and it makes people crazy. That is why you probably behaved in the fashion that you did to your wife. In every case that has come before this court up to now for ice, only one person has escaped prison. The rest are all at Tanumalala. The courts policy is that if you come and you have been caught with ice be ready to visit Tanumalala.
17. As noted 10 years ago in Police v Williams [2014] WSSC 153:
    • “Possession of methamphetamine is a charge that now carries a maximum term of life in prison. Parliament recently increased the term to life imprisonment as an indication of its serious concern about the increasing presence of hard drugs in our community. Indeed the courts have seen over the years how hard drugs such as ‘ice’ are slowly infiltrating the drug community in this country.
    • The consumption of illegal narcotics is of course also a social problem. The courts play a role in trying to reduce the problem by imposing deterrent sentences of imprisonment of offenders.....
    • But the courts cannot alone solve the problem. The community must also play its part. And the message that the court tries to send to the community all the time is involvement in drugs can lead to ruination of good lives and to terms in prison.”
18. In a recent judgment in Police v Pose (unreported - 08 May 2024), Clarke, J said:
    • “‘Ice’ is a hard drug well-known to be particularly destructive 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...
    • In all cases except one that have come before the Supreme Court involving ‘ice’, a deterrent sentence of imprisonment has been imposed. The approach to ‘ice’ sentencing was addressed in cases such as Police v Patau [2013] WSSC 120 and Police v Tevaga [2016] WSSC 38. Deterrent sentences are imposed to deter not only you from future involvement with ‘ice’ and similar drugs but also to send a clear message to others that if they get involved with ‘ice’, they will in all likelihood find themselves going to Tanumalala Prison. Possession of ‘ice’ in Samoa is sternly punished even for small quantities.”
19. I bear this in mind and the question you need to ask yourself is what is going to be the road that you travel Gerald? Look at what ice has done for you (i) it destroyed your marriage, (ii) resulted in you being held in prison for some four (4) months now. And you are in danger of being sent to prison for much longer than four (4) months. Ice has also made these people (your family) suffer financially and emotionally. You should ask yourself is it really worth all this damage?
20. You are at a critical cross-roads in your life. You can either turn your back on this sort of drug and turn your back on those poor friends that have led you into this kind of predicament. And instead look to your family, look to your community, look to doing something useful with your life not sitting away and rotting in prison. And you should tell other people about how ice changed your life and almost destroyed it. Never too late to change Gerald. Literally and figuratively your life is in your own hands.
21. The question for me is what are we going to do with you? I have decided in the particular circumstances of your case I am going to take a chance with you Gerald Leota. You are going to be the second person who has not gone to prison for ice. I think your prospects of rehabilitation are high and odds of reoffending small. I am going to take the view that at heart you are a good person. You have inadvertently strayed off the path which sometimes happens. But I think with the help of your family and the help of all these people in your Pre-Sentence Report – your ekalesia your sui o le nuu, your matai sa’o all those people who believe you are worth saving. I will give you a chance to save yourself, there will be no prison today.
22. But let us understand each other clearly Gerald Leota, you get one chance from the law, only one chance. If you break any of the conditions that I am going to impose for your sentence, then the prosecution will bring you back to court. And if you do not use the chance that the court is giving you today I can assure you, you will have a very long and uncomfortable stay at Tanumalala. Are we clear on that? (Defendant: O lea lava lau afioga).
23. On the charge of possession of narcotics and utensils the defendant will be convicted and sentenced to time already served. But you will from today onwards be under the supervision of the Probation Office for a period of 18 months. Special conditions of your probation are you are to attend the Salvation Army Drug Rehab program for the treatment of addiction to methamphetamine and other drugs. You will also undertake any other rehabilitation program as instructed by the Probation office. Furthermore you will undertake 200 hours of Community Service as directed by the office under their Community Service Program. In addition you are not to associate with those people and your friends that led you to ice in the first place. And if the Probation Office say to you, you are not to associate with Simi or Sione or whoever, you obey that. Those are the conditions of your probation. Talanoa i le tamaitai ofisa lea a le Ofisa Faanofo Va'ava'aia ae te lei tuua le potu i le asō e faamalamalama atu ia tulaga o lou fa’anofo va’ava’aia ma pepa e tatau ona e sainia.
24. On the other charge of threatening words which you directed to your wife, you will be convicted and fined $300. You must also pay Police costs $100 and Probation Office costs $100. These monies are to be paid by 12:00 noon on Monday, 27^th May 2024 in default 3 months in prison. Ua e malamalama i le tulaga o lau fa’aiuga? (Defendant indicated he understood).
25. I hope this is your last visit to the court room. Because if we have another encounter one of us will be very unhappy and it will not be me.
    

SENIOR JUSTICE NELSON