Police v Moananu [2024] WSSC 51 (18 June 2024)

IN THE SUPREME COURT OF SAMOA
Police v Moananu [2024] WSSC 51 (18 June 2024)

Case name:	Police v Moananu
Citation:	[2024] WSSC 51
Decision date:	18 June 2024
Parties:	TUPA’I ANTHONY TAPUAI MOANANU a.k.a. ASOLIMA ANTHONY TAPUAI TAA male of Falelauniu tai, Vaimoso and Sagone Savaii.
Hearing date(s):
File number(s):	Charge 1 per charging document dated 17 April 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 the one charge of possession of methamphetamine, you are convicted and sentenced to 10 months imprisonment.
Representation:	F. Ioane for Prosecution L. Strickland for the Defendant
Catchwords:	Possession of methamphetamine.
Words and phrases:
Legislation cited:	Narcotics Act 1967, ss.7(1)(a); 18(a) & 33.
Cases cited:	Police v. Williams [2014] WSSC 153 Police v. Fialelei [2018] WSSC 102 Police v. Palu [2021] WSSC 82 Police v. Uepa [2023] WSSC 35 Police v. Palu [2023] WWSC 35.
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

TUPA’I ANTHONY TAPUAI MOANANU a.k.a. ASOLIMA ANTHONY TAPUAI TAA male of Falelauniu tai, Vaimoso and Sagone Savaii.

Defendant

Counsel: F. Ioane for Prosecution
L. Strickland for the Defendant

Sentence: 18 June 2024

SENTENCE

Charge

1. You appear this morning for sentence on one count of possession of methamphetamine. Initially you were jointly charged with your son Benjamin and you both denied the charge. On the 1st May 2024 when the hearing was to take place, prosecution withdrew the charge against Benjamin, and two charges of possession of narcotics against you, leaving the one charge of possession of methamphetamine to which you vacated your not guilty plea.

Offending

2. From the summary which you accept through counsel, police conducted a search of your place at Falelauniu around 2pm on the 1st April 2023. The search according to your counsel was for items alleged to be in connection with a theft. You were inside your shop when police arrived at your premises. They stopped your son Benjamin from leaving from the premises in a car and told him to go back inside the house where police were conducting the search.
3. Police then searched him and found a wallet belonging to you. It had your driver’s licence and a small plastic zip lock bag containing methamphetamine which weighed 0.3 grams. You were apprehended and taken in for questioning. From the material before me, you seem to suggest that the substances belonged to some of your friends who often come to your place to drink.

Aggravating Factors

4. I consider the factors raised in submissions by prosecution:
   • (i) that the narcotics were easily accessible to your son, it was inside your wallet found on him when police conducted the search;
   • (ii) the prevalence of this type of offending;
   • (iii) the destructive impact on the users, their families and the community.

Mitigating Factors

5. I consider:
   • (i) that the substances were for personal use;
   • (ii) your guilty plea; and
   • (iii) your personal circumstances. You are a 46 year old widower with 4 children. With 6 other siblings you grew up in a very stable family and were raised by parents who served as Ministers of the Methodist church in a number of villages throughout the country. You have had a good education having completed high school at Avele College and graduated with a Diploma in electrical engineering from the Samoa Polytechnic. You also secured a number of stable employment opportunities both here in Samoa and overseas. Most recently you were employed by the Fire and Emergency Services Authority for 14 years, you resigned when your wife passed away in 2022 to care for your children. You have since operated a shop at Falelauniu and continue to do electrical work to support your family.

I have read the testimonial by Reverend Faapea Elia of the Methodist church, Vaimoso and sa’o of your family Tapuai Matautia Suimai Tapuai. I have also read the plea by your brother in law Manuleleua Asiata Leatuavao Ioane Manuleleua. Those testimonials speak of your good character and the service you render to your church, your family as a matai, and to the family of your deceased wife. I have also read and considered your own plea for leniency. You speak of the impact of your wife’s passing on you and your 4 children whom you say you are determined to ensure they succeed. You are remorseful. You are a first offender.

Penalty

6. In the past few years methamphetamine has rapidly become a common problem in our small country. You need only look at the recent number of police raids and offenders being charged and brought before the court to realise the trend. The life imprisonment penalty imposed by law is indicative of the seriousness with which Parliament has viewed this offending. The highly addictive nature of the drug and its destructive impact on users, their families and community are well known. The need for deterrence is an important consideration and for that reason, the court has generally imposed custodial sentences in all except for a very few cases.
7. Prosecution seek a custodial sentence with a start point of two years. They refer to Police v. Williams [2014] WSSC 153; Police v. Fialelei [2018] WSSC 102; and Police v. Palu [2021] WSSC 82. But there are other sentencing authorities referred to in a table produced in Police v. Uepa [2023] WSSC 35 and Police v. Palu [2023] WWSC 35.
8. Your counsel on the other hand invites the court to consider a sentence of supervision. She relies on a passage in Police v. Patau [2013] WSSC 120 which involved the importation of 60.15 grams of methamphetamine some 11 years ago and where the Court acknowledged that a distinction be made between cases of importation and those involving small quantities for personal consumption. That has always been a relevant consideration.
9. Counsel also relies on Police v. Afamasaga [2018] WSSC 118 where a non-custodial sentence was imposed; and most recently an unreported sentence of Nelson J in Police v. Gerard Leota (24 May 2024) where the defendant was sentenced to 18 months supervision and ordered to complete 20 hours community work and attend rehabilitation programs under Probation. I have not had the benefit of reading the latter but I have considered its circumstances as submitted by counsel. I have also considered all other sentencing authorities. I am not persuaded that a non-custodial sentence is appropriate in your case.
10. I consider the prevalence of the offending and the impact on your family and the community as significant considerations. Deterrence should therefore be the primary purpose of your sentence. I adopt 2 years as the appropriate starting point. I make these deductions - for your personal circumstances including your first offender status I deduct 4 months. For the plea for leniency by members of your family, your own plea and the impact on your children I deduct 4 months. I make a final deduction of 6 months for your guilty plea. The end sentence is 10 months.

Result

11. On the one charge of possession of methamphetamine, you are convicted and sentenced to 10 months imprisonment.

JUSTICE ROMA