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Police v Faiga [2022] WSSC 74 (15 December 2022)

Supreme Court of Samoa
Police v Faiga [2022] WSSC 74

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D:

FAIGÁ TANIELU
Accused

Counsel:
T Sasagi for prosecution
Accused in person

Sentence: 15 December 2022

SENTENCE OF PERESE CJ

1. Faigā Tanielu, you appear in Court today to be sentenced on a plea of guilty to one count of possession of narcotics under the Narcotics 1967.
   2. The summary of facts provides;
      1. That you are a 43-year-old man of Vaimoso Uta, you are married with children and employed as builder.
      2. On the 23rd October 202a2 at round 12am to 1am, you were apprehended and were taken to Apia Police Headquarters by Traffic Police in relation to a traffic offending namely being under the influence of alcohol.
      100. When you arrived, the Police conducted a body search of you as per normal police procedure.
      4. As a result of the search, police found on you a possession of illegal substance namely marijuana branch with leaves found inside your left side shorts pocket.
      5. You were escorted to the Police Watch House under custody because were at the time intoxicated.
      6. The day after you were interviewed and cautioned, Police further investigations provide that the narcotics substance is marijuana branch with leaves weighing 0.97gram.
      7. You pleaded guilty to one charge of possession of narcotics pursuant to section 7 and 18 of the Narcotics Act 1967 which carries a maximum penalty of 14 years imprisonment.
      8. You pleaded guilty to the charge at mentions on 07 November 2022.
   3. I have had the opportunity to review the sentencing memorandum read by the Prosecution.
   4. I have also read the supplementary report provided by Probation Services dated 09 December 2022
   5. Today, you were read out the summary of facts which you were agreed with, except to the extent that paragraph 7 refers to one marijuana cigarette which you dispute.
   6. I have heard from you this morning in your submissions to the court, you raised the issue of your family responsibilities to your grandfather, your father and your 2 children.
   7. I agree with the prosecutions submissions that the court normally take a stern approach by consistently imposing custodial sentences in relation to drug related offences. The prosecution submissions that drug offending involving any type of narcotics is prevalent in our society that there is a need for a deterrence. That recognizing the need for deterrence I must also balance mitigating factors on your behalf.
   8. I note that you pleaded guilty on the first opportunity. This indicates to me that you accept responsibilities for what you did and you are remorseful.
   9. I also note that you have significant record dated back in 2001 against your name but his is your first offence related to drug offences.
   10. Mr Tanielu, the normal cause of action for offenders in relation to these types of matters is jail but I am satisfied having heard for you that you are genuine and remorse and your hope and wish to remain away from the Court and not appear again. You are a 43-year-old man with 2 children, you need to clean up your act for yourself and to show your children a good role model.
   11. I am going to accept the recommendation made by Police that the appropriate sentence for you in this matter is conviction and a 6 months supervision. During this period of supervision, you are to attend programs which are recommended for you by Probation Services to address any Alcohol and drug issues. Make use of these programs that are provided for you because your future is in your hands.
   12. That is the sentence that I impose today.

CHIEF JUSTICE