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Police v Aniva [2011] WSSC 73 (18 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

AFELE TEVE ALIVA male of Falefa.
Defendant

Counsels: Ms T Toailoa and F E Niumata for prosecution
Defendant unrepresented.

Sentence: 18 April 2011

SENTENCE

The defendant in this case appears for sentence on 3 charges. First being in possession of 6 branches of marijuana leaves, 26 seeds and some loose leaves. Material was found on him when initially searched by the police. That is charge S134/11. The second charge is possession of 2 branches of marijuana leaves plus some loose leaves which is material found on him when he was subsequently more fully searched by the police at the police station. And the third charge is escape while he was under the custody of the police officers when he was at the Apia police station.

The defendant is not a first offender. He served a prison term in 2007 and a probationary term in 2008 for possession of narcotics. He falls into the third category of cases that I referred to earlier this afternoon namely in Police v Tua Leota where after quoting from Police v Tamasone [2010] WSSC 181, I said:

"To what was said in Police v Tamasone I will add that there are probably three kinds of drug cases where imprisonment is almost a certainty: firstly drug offending by drug dealers or those who distribute illicit narcotics for commercial gain especially around the public market areas, secondly drug offending at Tafaigata prison by prisoners and thirdly, repeat drug offending."

The defendant here is a repeat drug offender. And he completes the tri-fecta for this afternoon. The penalty for him is therefore obvious and the only question I need to consider is how long a term should be imposed upon you Afele given the circumstances of your offending.

The summary of facts from the police indicates that these drugs were found on you when you were arrested in front of Lucky Foodtown at Saleufi following being detained by one of the supermarket security guards. A body search in the police vehicle revealed the material which is the subject of the first charge and a subsequent search at the police station revealed the material which is the subject of the second charge.

In relation to the third charge of escape the summary says that when the vehicle arrived at the police station and the door was opened, you jumped out and ran off and had to be chased down and apprehended by the police officers. Again while you were in the police station the summary says that you asked permission to use the bathroom and when you were taken to the bathroom by a police officer you again managed to run away and had to be chased down and apprehended again by the police officers.

I have taken into consideration your previous record as well as the circumstances of your offending. As I have stated the court will not be lenient on repeat drug offenders because they are recidivist offenders who have obviously learnt nothing from their previous experience. Prosecution have sought a 3 year minimum imprisonment sentence for your case. However I consider that too long taking into account the quantity of drugs involved in your offending and also taking into consideration your guilty plea. I will instead impose the following penalties.

On the first possession charge S134/11 which is the larger of the two charges, you will be convicted and sentenced to 12 months in prison. On the second of the two possession charges which is the smaller of the two drug charges S135/11, you will be convicted and sentenced to 2 months in prison. But these two terms are to be served concurrently.

On the third charge of escape from custody you will be convicted and sentenced to 3 months in prison and that term will be served separately because it is a separate offence. O lona uiga o le aofaiga o le taimi e tatau ona tuli mo le faasalaga mo mataupu ia Afele e 15 masina i le falepuipui. I see from his file he was remanded in custody to await sentence, that time is to be deducted from his sentence.

...........................
JUSTICE NELSON