Police v Mikaele [2024] WSSC 65 (24 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Mikaele [2024] WSSC 65 (24 July 2024)

Case name:	Police v Mikaele
Citation:	[2024] WSSC 65
Decision date:	24 July 2024
Parties:	POLICE (Informant) v JOHNNY MIKAELE, male of Manono-uta & Palisi (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	In respect of the charge before the court, you are accordingly convicted and sentenced to time already served in custody.
Representation:	J Leung Wai Prosecution Defendant appeared in person
Catchwords:	Possession of narcotic – marijuana cigarette.
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

Prosecution

A N D:

JOHNNY MIKAELE, male of Manono-Uta and Palisi.

Accused

Counsels: J Leung Wai Prosecution
Defendant appeared in person

Sentence: 24 July 2024

ORAL SENTENCE

The Charges

1. Mikaele, you appear for sentence on one charge of possession of narcotic namely one marijuana cigarette weighing at 1.52grams.

The Offending:

2. According to the Summary of Facts which you have accepted, Police conducted a routine patrol at the bus terminal at Savalalo on the 15th March this year at around 12.30pm. During the patrol, police found you in an area where narcotics are usually sold. A routine body search was conducted on you. Police found in your possession in your pants pocket marijuana weighing at 1.52grams.

The Background of the Accused:

3. You are a 24 year old male of Manono-Uta and Palisi. You were raised by your parents in Samatau. You are the youngest of 15 children. You completed school to year 13 and went on to the APTC as well as at Don Bosco. You received various certificates in engineering and auto mechanic engineering. You’ve worked as a mechanical engineer at the Faleolo Airport. You are now working at the Taumeasina Island Resort as an Activing Tour Guide. You have a 4 year old daughter.

Aggravating Features of the Offending

4. In terms of the aggravating features of your offending, it is the prevalence of this type of offending in the community.

Mitigating Factors of the Offending

5. The mitigating factors personal to you that I take into account are as follows:
   • (a) Your remorse express to the Probation Service and the Salvation Army;
   • (b) The completion of the Salvation Army program;
   • (c) Prior good character; and
   • (d) Early guilty plea to the charge before the court.

Discussion

6. Johnny you were remanded in custody on the 15th March to the 8th April this year following your arrest. You told the Probation Service that you spent time in the police watch house and then were transferred to the Tanumalala Prison for three weeks.
7. You’ve told the probation service that you regret what you did and are scared of the prospect of being sent back to Tanumalala Prison. You also said that such a place is not meant for you.
8. Prosecution seeks a non-custodial sentence and that you be convicted and ordered to come up for sentence within 12 months. I agree with prosecution that a non-custodial sentence be imposed. This is because of the small quantity of marijuana in your possession, your successful completion of the Salvation Army program, deep remorse, prior good character and early guilty plea.
9. While I agree with the imposition of a non-custodial sentence, you were remanded in custody for 3 weeks following your arrest. In my view, that is sufficient punishment for your offending in the circumstances of your case and is deterrent enough in respect of your re-offending in this way in the future.
10. You very clearly have many skills and are well educated. I urge you to stay away from drugs because if you re-offend, you may find yourself back at Tanumalala Prison again.

Result

11. In respect of the charge before the court, you are accordingly convicted and sentenced to time already served in custody.
12. You have raised in court today the serious allegation against police in respect of an alleged beating by police of a prisoner in their custody. The beating of prisoners is a serious matter and it is a serious allegation. The appropriate place to place that allegation is with the Professional Standard Unit (PSU) of the Ministry of Police and Prisons for them to conduct their investigations.

JUSTICE CLARKE