Police v Pitoitua [2024] WSSC 48 (18 June 2024)

IN THE SUPREME COURT OF SAMOA
Police v Pitoitua [2024] WSSC 48 (18 June 2024)

Case name:	Police v Pitoitua
Citation:	[2024] WSSC 48
Decision date:	18 June 2024
Parties:	POLICE (Informant) v TREVOR ALOESE PITOITUA male of Faatoia (Defendant)
Hearing date(s):
File number(s):	Charge 1, 2, 3 and 4 per charging document dated 18 September 2023
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	I sentence you as follows: (i) On the charge of possession of methamphetamine, you are convicted and sentenced to 18 months imprisonment; (ii) On the charge of possession of marijuana, you are convicted and sentenced to 12 months imprisonment; (iii) On the charge possession of a utensil, you are convicted and sentenced to 6 months imprisonment; (iv) On the final charge of possession of ammunition without a permit, you are convicted and sentenced to 9 months imprisonment. (v) All sentences will be served concurrently, time in custody to be deducted.
Representation:	J. Leung Wai for Prosecution F. Ioane for the Defendant
Catchwords:	Possession of methamphetamine - Possession of utensil - Possession of loose marijuana leaves - Possession of ammunition without a permit.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

TREVOR ALOESE PITOITUA male of Faatoia

Defendant

Counsel: J. Leung Wai for Prosecution
F. Ioane for the Defendant

Sentence: 18 June 2024

SENTENCE

Charge

1. You appear for sentence on four charges. The first is possession of methamphetamine which attracts a life imprisonment penalty. The second is possession of narcotics, the maximum penalty is 14 years imprisonment. The third is possession of a utensil, the maximum penalty is 7 years imprisonment. The final charge is possession of ammunition without a permit, the maximum penalty is 2 years imprisonment. You had denied all except for the charge of possession of ammunition without a permit, but vacated your denials and entered guilty pleas on the 18th April 2024.

Offending

2. On the 28th of August 2023, police received information suspecting your involvement in an alleged murder on the 23rd August 2023 at your home at Faatoia. Around 3.30pm when police arrived at your residence, your partner met them outside and told them you were not home. Police explained to her the reason for their presence and proceeded to conduct a search of your place. They found you inside your room. Outside the house, police also searched your vehicle in the presence of your partner and found ammunition, namely one (1) 22 live round calibre.
3. Inside the house they searched the roof through an open manhole and found a silver bag. Inside the bag were 5 small zip lock bags containing methamphetamine that weighed 0.6 grams, one zip lock bag containing loose marijuana leaves weighing 0.69 grams, a clear glass pipe and white a straw. Police informed you of the ammunition and illegal substances and utensil, and administered caution before you were arrested and taken to their main Apia post.

Aggravating Factors

4. I consider:
   • (i) that the offending involved Class A narcotics and a utensil;
   • (ii) that the offending involved the possession of ammunition without a permit;
   • (iii) the prevalence of this type of offence;
   • (iv) your previous conviction for similar offending. From your record, you began with possession of marijuana and have now graduated to possession of methamphetamine. The last of your convictions was in December 2023 when you were fined for possession of an unlicensed firearm and ordered to come up for sentence within 6 months.

Mitigating Factors

5. In mitigation of penalty I consider:
   • (i) that the quantities of methamphetamine and marijuana were smaller compared to other matters that have come before the court;
   • (ii) your guilty pleas entered before the hearing was to commence;
   • (iii) your personal circumstances - You are now 25 years of age. Your partner and 2 young children live in Savaii. Counsel in her submission says that your behaviour was largely influenced by an upbringing in a family environment that was volatile unhappy and violent. Your father was in and out of prison and you grew up watching him consume marijuana then meth, and spend more time in prison than home with you and your family. Your partner fears you are following the same path and that your young children will experience what you did growing up. From the presentence report you have completed the Salvation Army program for previous offending. Clearly you have not learnt a lesson. Counsel also says that the company you have kept has not helped, most have been in and out of jail themselves. Your mother now lives in the United States and has plans for your family to join her overseas. I have also read the pleas for leniency by you and your wife. Despite your record and now the present offending, counsel says you are determined to turns things around for the sake of your young family. As you very well know, only you can make that happen. In fact, you were previously granted the court’s leniency but made no use of the opportunity.

Penalty

6. The rise of narcotics offending and hard drugs is a serious concern for our small community. I have referred in the previous sentencing matter to the highly addictive nature of methamphetamine and its destructive impact on users, their families and the community. The life imprisonment penalty imposed by law is a clear indication of the seriousness with which Parliament has viewed such offending. The court’s practice in imposing deterrent imprisonment sentences takes into accounts all those considerations.
7. Prosecution recommend a start point of 2 years imprisonment uplifted by 12 months for your previous similar convictions. They produce a table of sentencing authorities for possession of methamphetamine, I have considered the circumstances of each case.
8. Your counsel acknowledges the court’s stance on cases of methamphetamine and argues that 18 months is an appropriate start point, which is not far off from the 24 months recommended by prosecution. Your counsel refers to the same authorities cited by prosecution and distinguishes your matter on the basis of the quantities of the substances. I have carefully considered all those matters.
9. I adopt 2 years as the appropriate start point on the lead charge of possession of methamphetamine, uplifted by 9 months for your previous related convictions. From that term I make these deductions. For the pleas for leniency by your partner and your mother, I deduct 6 months. For your guilty pleas to the charges, I deduct 9 months. The end sentence is 18 months’ imprisonment.

Result

10. I sentence you as follows:
    • (i) On the charge of possession of methamphetamine, you are convicted and sentenced to 18 months imprisonment;
    • (ii) On the charge of possession of marijuana, you are convicted and sentenced to 12 months imprisonment;
    • (iii) On the charge possession of a utensil, you are convicted and sentenced to 6 months imprisonment;
    • (iv) On the final charge of possession of ammunition without a permit, you are convicted and sentenced to 9 months imprisonment.
    • (v) All sentences will be served concurrently, time in custody to be deducted.

JUSTICE ROMA