IN THE SUPREME COURT OF SAMOA
Police v Fuiava [2015] WSSC 132

Case name: 	Police v Fuiava	
		
Citation: 	[2015] WSSC 132	
		
Decision date: 	27 January 2015	
		
Parties: 	The Police (Prosecution)
Pouniu Fauiava, male of Fasitoo-uta and Tafaigata Prison (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Courthouse, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	For the offence of possession of 24 cigarettes convicted and sentenced to 18 months in prison.  
On the charge of escape I note that you returned to the prison voluntarily the same day.  Convicted and sentenced to 2 months in prison cumulative to your previous offending term. O lona uiga mo mataupu uma ia e lua Pouniu e 20 masina le taimi e faaopoopo i lou nofo sala ai i le falepuipui.  	
		
Representation: 	L Su’a-Mailo for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
THE POLICE
Prosecution

AND:

	POUNIU FUIAVA, male of Fasitoo-uta and Tafaigata Prison.
Defendant

Counsel:	L Su’a-Mailo for prosecution
Defendant unrepresented

Sentence:	27 January 2015

SENTENCE
1.	Pouniu has pleaded guilty to two charges, one of escape from Tafaigata Prison and one of possession of marijuana.  The police summary of facts which he accepted this morning states he is a 28 year old male of Fasitoo-uta currently serving a prison term.
2.	On Monday, 20 October 2014 he was sent out to gather firewood for the prisoners food. The area where the firewood was to be gathered is next to a very low fence.  The defendant jumped the fence and came into town.  Later that day in the afternoon, he returned to Tafaigata and was drunk.  The police took him into the office where they conducted a body search.  They found in the long right sleeve of his shirt a white plastic bag, inside which was 24 marijuana cigarettes.  
3.	It is clear that the defendant came into to town to acquire drugs and then took them to the prison.  Drugs at Tafaigata Prison is becoming a frequent occurrence and a recurring problem.  The court heard two or three cases involving prisoners and drugs at the prison yesterday and there are two on the docket for today.  Strong deterrent sentences are required to discourage the defendant from repeating his behaviour.  And to discourage fellow inmates from doing this sort of thing and becoming involved in marijuana offending.  
4.	The maximum for possession of marijuana under the law is now 14 years in prison.  Considering the circumstances of your matter and the quantity of cannabis I start sentencing at 12 months.  This however must be uplifted by 6 months because you have previous convictions for drug offending and uplifted by a further 6 months because you were a prisoner smuggling drugs into the prison.  Start sentence is therefore 2 years in prison.  
5.	I give you credit Pouniu for your guilty plea that has saved some of the time of the court.  I deduct one-quarter of your sentence namely 6 months, leaves a balance of 18 months.  No other deductions can be made for your sentence.   For the offence of possession of 24 cigarettes convicted and sentenced to 18 months in prison.  
6.	On the charge of escape I note that you returned to the prison voluntarily the same day.  Convicted and sentenced to 2 months in prison cumulative to your previous offending term. O lona uiga mo mataupu uma ia e lua Pouniu e 20 masina le taimi e faaopoopo i lou nofo sala ai i le falepuipui.  Faafetai ua maea.  

JUSTICE NELSON