Police v Toese [2024] WSSC 90 (23 September 2024)

IN THE SUPREME COURT OF SAMOA
Police v Toese [2024] WSSC 90 (23 September 2024)

Case name:	Police v Toese
Citation:	[2024] WSSC 90
Decision date:	23 September 2024
Parties:	POLICE (Informant) v GALUEFA TI’A TOESE, male of Vaiusu and Vailoa Faleata (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:	On both charges, you are accordingly convicted and sentenced to 6 months imprisonment, less time remanded in custody. On your release, you are to be under the supervision of the Probation Service for 6 months, and you are directed to attend a course to address your use of drugs.
Representation:	MT Fesili for Prosecution Defendant appears in Person
Catchwords:	Possession of methamphetamine – possession of utensils – offended whilst under a supervision sentence – previous conviction (narcotics).
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

A N D:

GALUEFA TI’A TOESE, male of Vaiusu and Vailoa Faleata.

Accused

Counsel: MT Fesili for Prosecution
Defendant appeared in person.

Sentence 23^rd September 2024.

ORAL SENTENCE

The Charges:

1. Toese, you appear for sentence on charges of possession of methamphetamine, and possession of utensils. You entered guilty to pleas to the charges early at the first opportunity.

The Offending:

2. According to the Prosecution Summary of Facts which you have accepted, on the 22nd June this year, police suspected that there were narcotics being sold in front of Tina’s store at Vaigaga.
3. Police arrived at 10am and located you in front of the store. They conducted a body search, found in your pants pocket were one small clear plastic bag containing methamphetamine weighing 0.016 grams, and one clear glass pipe. When you were asked by police what the items were, you replied “o le aisa ma le paipa.”

The Background of the Accused:

4. You are a 21 year old male of Vaiusu and Vailoa Faleata. You are the youngest of 5 siblings. You attended St Joseph’s College to year 11. You were expelled for fighting with another student. You were then employed in various jobs including the Ministry of Agriculture, followed by a Chinese company where you left because the pay was poor of $100.00 per week.
5. You told the Probation Service you began drinking and smoking marijuana when you were at St Joseph’s College.

Aggravating Features of the Offending:

6. The two aggravating features of your offending is:
   • the prevalence of this type of offending in the community; and
   • you committed this offending whilst under a sentence of supervision for earlier possession of narcotics.

Aggravating Features in respect of the Offender:

7. Aggravating to you personally is your prior conviction for possession of narcotics in 2023.

Mitigating Factors of the Offending:

8. The mitigating factors I take into account are:
   • remorse which I accept is genuine;
   • a discount for your youth, and that your foolish involvement with ice is due to your age; and
   • your early guilty plea.

Discussion:

9. Toese, when you spoke to me, you spoke about your experience in prison and that imprisonment is a waste of time where basically, you are wasting away your life. You recognize it is not a good place for you to be.
10. I was very appreciative of seeing your mother in court and hearing from her and reading her letter. As I said, you are very fortunate to have her support. So many young men come before the Court with no family support. It is obvious that she loves and cares for you. She however says that you can be disobedient and have been led astray by the friends you keep. That you are disobedient and malovale shows by the fact you were expelled from school for fighting. Despite being in court just last year and you are now back, says the same to me. Your mother says however you are now deeply remorseful. She also said that she has tried to guide, support and advise you – you clearly have not been a good listener.
11. I hope you are listening now. You must understand that the road you have chosen for your life will likely not end well. You are 21 years of age and are now at Tanumalala prison. As you say, it is not a good place to be. The prison is filled with people who do not care much for others and who will continue to go in and out of prison. If that is a future you want, a future locked up behind the walls of Tanumalala Prison, then you keep up with the foolish offending because judges will only continue to send you back to Tanumalala prison.
12. Now Toese, Prosecution seeks an 18 months start point. For possession of this quantity of “ice”, the authorities show that a 12 month sentence start point is appropriate. However, that start point must be adjusted upwards due to your possession of a glass pipe and that you foolishly committed this offending whilst still an earlier supervision term. I agree that an 18 month sentence start point is appropriate.
13. Given the uplift I have made for offending whilst under supervision in setting the start point, I have decided not to uplift your sentence for your prior conviction. To do so would result in a higher start point that in my view is not justified when viewing the totality of your offending.
14. From an 18 month sentence start point, I deduct 3 months for your remorse. For your relative youth and that your decision to try “ice”, is likely foolish youth, I will extend a greater deduction than I would ordinarily extend of 6 months. From the balance, I deduct 3 months for your early guilty plea leaving an end sentence of 6 months imprisonment.

Result:

15. On both charges, you are accordingly convicted and sentenced to 6 months imprisonment, less time remanded in custody. On your release, you are to be under the supervision of the Probation Service for 6 months, and you are directed to attend a course to address your use of drugs.

JUSTICE CLARKE