Police v Feagai [2025] WSSC 20 (9 April 2025)

IN THE SUPREME COURT OF SAMOA
Police v Feagai [2025] WSSC 20 (9 April 2025)

Case name:	Police v Feagai
Citation:	[2025] WSSC 20
Decision date:	9 April 2025
Parties:	POLICE (Informant) v KENI FUALOSA a.k.a. KENI FUALOSA FEAGAI male of Alamagoto, Moamoa, Luatuanuu and Safotu Savaii (Defendant)
Hearing date(s):	18/2/2025
File number(s):	2024-01563 Charge 1-3 per CD dated 25/3/24.
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	The sentences on the first three charges will be served concurrently, meaning you will serve 14 months less time you spent in custody, from the 9th December when you were charged for subsequent offending. The 8 months imprisonment term on the fourth charge is to be served cumulative to the 14 months imprisonment term on the first three charges.
Representation:	S. Natia for Prosecution Defendant appears in Person
Catchwords:	Possession of methamphetamine, Possession of a Utensil, Escape from lawful custody.
Words and phrases:
Legislation cited:	Narcotics Act 1967 S.7 (1)(a) & 18(a) and S.13(b) Crimes Act 2013 S.143.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

KENI FUALOSA a.k.a. KENI FUALOSA FEAGAI male of Alamagoto, Moamoa, Luatuanuu and Safotu Savaii.

Defendant

Counsel: S. Natia for Prosecution

Defendant in person

Sentence: 9 April 2025

SENTENCE

Charges

1. You are being sentenced this afternoon on four charges, the first three arise out of a police operation at the Fugalei market on the 28th February 2024, the fourth from a separate police patrol again at the Fugalei market on the 9th December 2024.
2. The charges are as follows:
   • (i) possession of methamphetamine which you denied and was found guilty of after a defended hearing in February this year. The maximum penalty is life imprisonment;
   • (ii) possession of a utensil which you admitted at the earliest opportunity. The maximum penalty is seven years imprisonment;
   • (iii) escape from lawful custody which you also admitted at the earliest opportunity. The maximum penalty is two years imprisonment
   • (iv) possession of marijuana which you also admitted when first called on the 9^th December 2024. The maximum penalty is fourteen years imprisonment. This last offence occurred when you were out on bail pending determination of the charges from the first incident.

Offending

3. On the 28th February 2024, police conducted an operation at the Fugalei market following reports of youths dealing in marijuana and methamphetamine there. The evidence at trial was that when police arrived you ran off, with police giving chase. They captured you behind an office building at the rear of Pat Ah Him store across the market. They brought you to the toilet block where suspects were being searched, and found in your black bag one piece of straw with which you intended to commit an offence under the Narcotics Act.
4. Police were also given a cigarette packet you had thrown away during the chase. Inside were five small packets containing methamphetamine which weighed in total 0.39 grams. At the main police station in Apia where you were charged, you escaped from police custody and were later found.
5. The second incident occurred ten months later on the 9th December 2024. Police were again on patrol at the Fugalei market. You were standing near the toilet block holding items wrapped in foil. Police suspected the items to be narcotics, they approached and the man whom you were with fled. They searched you and found in your possession 17 marijuana cigarettes wrapped in foil with a total weight of 5.21 grams. You were arrested and charged.

Aggravating Factors

6. I consider the aggravating features of your offending to be:
   • (i) the circumstances strongly suggest you were dealing with narcotics in a public place;

(ii) you reoffended whilst the determination of similar charges was pending and in breach of your bail condition not to reoffend;
(iii) even when arrested and charged, you continued to show disregard for the law by escaping from police custody;
(iv) the prevalence of narcotics offending particularly involving methamphetamine.
(v) your previous convictions including one for similar charges.

Mitigating Factors

7. I take into account your guilty pleas entered to three of the four charges when were first called. I consider also your personal circumstances. You are 36 years of age and the eldest of 6 children. Your formal education ended at primary level. And for years, you have helped support your family in its small business of making and selling pork buns. You have a daughter who is currently raised by your de facto partner.

Discussion

8. Possession of methamphetamine or ‘ice’ carries a maximum penalty of life imprisonment. Such is the seriousness with which Parliament has viewed the destructive impact of ‘ice’ on the users, their families and the community. Consistent with parliament’s concern and the increasing number of cases involving ‘ice’, the court has also imposed imprisonment terms to deter offenders and members of the public from being involved with illegal drugs and to protect the community for its harmful impacts. In the fact the court has imposed custodial sentences in all but a very few cases of possession of methamphetamine. Yours will not be one of those few cases.
9. On the charge of possession of methamphetamine, I adopt a start point of 18 months. I do so having regard to the authorities including those cited in prosecution sentencing memorandum. From 18 months I deduct 4 months for your personal circumstances. I make no other deduction noting that you denied the charge of possession of methamphetamine and were found guilty after a defended hearing. The end sentence is 14 months’ imprisonment.

Result

10. The sentences on all charges will be as follows:
    • (i) On the charge of possession of methamphetamine, you are convicted and sentenced to 14 months’ imprisonment;
    • (ii) On the charge of possession of utensil, you are convicted and sentenced to 6 months’ imprisonment;
    • (iii) On the charge of escape from lawful custody, you are convicted and sentenced to 4 months’ imprisonment;
    • (iv) On the fourth charge of possession of marijuana committed on the 9^th December 2024 when you were on bail pending determination of the first three charges, you are convicted and sentenced to 8 months’ imprisonment.
11. The sentences on the first three charges will be served concurrently, meaning you will serve 14 months less time you spent in custody, from the 9th December when you were charged for subsequent offending.
12. The 8 month imprisonment term on the fourth charge is to be served cumulative to the 14 months’ imprisonment term on the first three charges.

JUSTICE ROMA