Police v Stanley [2025] WSSC 80 (24 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Stanley [2025] WSSC 80 (24 September 2025)

Case name:	Police v Stanley
Citation:	[2025] WSSC 80
Decision date:	24 September 2025
Parties:	POLICE (Informant) v MULIAGA IOANE STANLEY a.k.a JOHN STANLEY, male of Sinamoga and Faga (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:	- Accordingly, you are convicted and sentenced as follows: - on the charge of possession of methamphetamine, 12 months’ imprisonment; - on the charge of possession of a utensil, 3 months’ imprisonment, that is to be served concurrent to the possession of methamphetamine charge. - This 12 months’ sentence is however to be served cumulative to your current sentence of imprisonment. In respect of any remand in custody that is relevant to this matter as oppose to his earlier matter, that remand in custody is to be deducted from the 12 months’ sentence. And that means that any remand in custody that was taken into account in the earlier matter is not to be taken into account for this.
Representation:	E Keil for Prosecution L Sio for the Defendant
Catchwords:
Words and phrases:	charge of possession of 0.36 grams of methamphetamine and possession of a utensil, namely, a portable electronic scale.
Legislation cited:
Cases cited:	Police v Faamausili [2025] WSSC 12 (12 March 2025).
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

MULIAGA IOANE STANELY a.k.a JOHN STANLEY, male of Sinamoga and Faga.

Accused

Representation: E Keil for Prosecution

L Sio for the Defendant.

Sentence Decision: 24^th September 2025

ORAL SENTENCE

The Charges:

1. Muliaga, you appear for sentence on one charge of possession of 0.36 grams of methamphetamine and possession of a utensil, namely, a portable electronic scale. You entered a late guilty plea to the charges.

The Offending:

2. According to the Prosecution Summary of Facts dated 24^th July 2025 accepted by you through your counsel, you are in a relationship with Maysabell Nickel. On the 16^th January 2025, you and Ms Nickel went to the Police Headquarters in Apia to report and sign in. This was in accordance with your bail conditions relating to another on-going matter involving narcotics. You both arrived in a Nissan Murano with another male. On arrival at the police station, you and Ms Nickel went in to the police station leaving the male in the vehicle. The car attracted the attention of police because it did not display any registration number plates. A police officer approached the vehicle to investigate and found another male in the car. When questioned about the ownership of the car, that male told police that the car belonged to you. The police became increasingly suspicious because you already had a pending case before the Supreme Court relating to narcotics.
3. When you and Ms Nickel returned to the vehicle, you were informed by police that the vehicle would be searched. During the search, the police discovered the following items:
   • (i) 3 zip lock bags containing methamphetamine weighing 0.36 grams; and
   • (ii) the scale.

Background of the Accused:

4. You are a 45 year old male of Sinamoga, Siuniu Falealili and Faga Savaii. You are in a relationship with Maysabell Nickel, also appearing today for sentencing on a similar although unrelated matter. According to your Pre-Sentence Report, you have 2 children both of whom live with your wife in Fiji.
5. You had a promising rugby career having played for Samoa A. You were formerly employed with the Ministry of Health and Ministry of Agriculture. You are presently a prisoner. You have prior convictions entered on the 4^th June this year for similar offending including possession of a scale. That offending occurred on the 17^th July 2024 where you have been sentenced to 18 months imprisonment.

Aggravating Features of the Offending

6. The aggravating features of your offending are:
   • (a) the prevalence of this type of offending in Samoa; and
   • (b) you committed this offending whilst on bail for similar offending.

Aggravating Features in respect of the Offender:

7. I will not uplift your sentence for your prior convictions. Those convictions were entered after your arrest for these matters and the appropriate uplift is for offending whilst on bail.

Mitigating Factors:

8. In terms of the mitigation factors, I take into account personal to you on sentencing they are as follows:
   • (a) your remorse that you have expressed for your offending; and
   • (b) your late guilty plea.

Discussion:

9. Muliagatele, you are among a growing number of educated professionals, public servants and business people who appearing before the courts for methamphetamine-related offending. This trend underscores the destructive power of this drug and its ability to lure individuals in and dismantle lives, regardless of background or status.
10. What makes your case particularly aggravating is your continued involvement with methamphetamine despite having already been arrested and charged for similar offending in July 2024. Your prior interactions with police and the fact that you had a pending court matter did not deter you. Even more concerning is that, whilst on bail for your earlier drug charges, you attended the police station to sign in as required - and did so with methamphetamine (“ice”) in your vehicle. That act was either brazen or deeply foolish. In hindsight, I am sure you will agree that it was very foolish.
11. The prosecution seeks a starting point of 2½ to 3 years’ imprisonment, citing the presence of a scale as indicative of supply. Your counsel, however, proposes a starting point of 18 months and has referred me to several relevant cases. You were sentenced in June as a dealer. While a scale was again present in this matter, I am not satisfied given the specific circumstances that your possession of methamphetamine was for a commercial purpose.
12. Having considered the authorities presented and the sentencing table annexed to Police v Faamausili [2025] WSSC 12 (12 March 2025), I accept the proposed 18-month starting point as appropriate, reflecting the low quantity of methamphetamine involved. However, I also take into account the aggravating features of your case to reach this start point.
13. Muliagatele, applying the principle of totality to the possession of methamphetamine charge, I deduct 3 months for your demonstrated remorse. From the remaining balance, I deduct a further 3 months for your late guilty plea. This results in a final sentence of 12 months’ imprisonment.
14. Accordingly, you are convicted and sentenced as follows:
    • (i) on the charge of possession of methamphetamine, 12 months’ imprisonment;
    • (ii) on the charge of possession of a utensil, 3 months’ imprisonment, that is to be served concurrent to the possession of methamphetamine charge.
15. This 12 months’ sentence is however to be served cumulative to your current sentence of imprisonment. In respect of any remand in custody that is relevant to this matter as oppose to his earlier matter, that remand in custody is to be deducted from the 12 months’ sentence. And that means that any remand in custody that was taken into account in the earlier matter is not to be taken into account for this.
16. Muliaga, I sincerely hope that after you serve your term of imprisonment, you have nothing more to do with methamphetamine. It will destroy your life and destroy your family. There is no good outcome from methamphetamine. And if you need help after your release from prison, you can find it at institutions like the Salvation Army. And if you do come back again for methamphetamine, you should be prepared for a much longer sentence.

JUSTICE CLARKE