IN THE SUPREME COURT OF SAMOA
Police v Fuamatu [2019] WSSC 76

Case name: 	Police v Fuamatu	
		
Citation: 	[2019] WSSC 76	
		
Decision date: 	27 May 2019	
		
Parties: 	POLICE v ALISA FUAMATU, male of Laulii 	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Mata Keli Tuatagaloa	
		
On appeal from:		
		
Order:	The accused is convicted and sentenced as follows:
(i) 6 months’ imprisonment for the charge of possession of narcotics committed on 17 June 2004; and 
(ii) 16 months’ imprisonment for the charge of possession of narcotics committed on 7 March 2019. 
Because the offendings were committed separate of each other (a period of 15 years in between), the penalties are to be served cumulatively or one after the other.	
		
Representation: 	A. Matalasi for Prosecution
Accused appears unrepresented	
		
Catchwords: 	possession of narcotics – two separate occasions – re-offended – custodial sentence	
		
Words and phrases:	outstanding warrant of arrest for first offending	
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

ASUELU FUAMATU male of Laulii,
Accused

Counsel:	
A. Matalasi for Prosecution
Accused appears unrepresented

Date:		27 May 2019

S E N T E N C E
1. 	The accused is to be sentenced on two charges of possession of narcotics committed on two different dates:
(i) 	Possession of narcotics committed on 17 June 2004; and 
(ii) 	Possession of narcotics committed on 7 March 2019. 
2. 	The accused failed to appear when the offence committed on 17 June 2004 was set down for sentence 4 February 2019.  A warrant of arrest has been long outstanding since the offending in 2004 and when the warrant was executed and matter set down for sentence, he was granted bail on a sexual offending that he pleaded ‘not guilty’ to and did not turn up for sentence on 4 February 2019.  While the accused was at large he again re-offended on 7 March 2019 with possession of marijuana.
3. 	The accused has previous convictions of the offending of possession of narcotics going back to 1998.  It is now 2019 and he continues to offend. Society is not safe if people like the accused continue to disregard the law placing the safety of people remain out in the community at risk.
4. 	The Prosecution for the offending of 2004 recommends a 6-month imprisonment term and for the offending of 2019 also recommends an imprisonment term with a starting point of 18 months’ imprisonment.  
5. 	I agree with the recommendation by Prosecution for both offendings.  A period of 2 months for guilty plea is deducted from 18 months in the second offending. 
6. 	The accused is convicted and sentenced as follows:
(i) 	6 months’ imprisonment for the charge of possession of narcotics committed on 17 June 2004; and 
(ii) 	16 months’ imprisonment for the charge of possession of narcotics committed on 7 March 2019. 
7. 	Because the offendings were committed separate of each other (a period of 15 years in between), the penalties are to be served cumulatively or one after the other. 

JUSTICE TUATAGALOA