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Police v Elia [2023] WSSC 74 (20 October 2023)

IN THE SUPREME COURT OF SAMOA
Police v Elia [2023] WSSC 74 (20 October 2023)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

TAVITA ELIA male of Samata uta Savaii.

Defendant

Counsel: T. Fesili for the Prosecution

Defendant in person

Sentence: 20 October 2023

SENTENCE

1. You appear this afternoon for sentence on one charge of possession of narcotics to which you pleaded guilty on the 25th September 2023. The maximum penalty for the charge of possession of narcotics is 14 years imprisonment.
2. On the 9th September 2023 at around 6pm whilst police were patrolling the Fugalei bus stop, they came across you and your co accused sitting under one of the bus shelters. They stopped and asked if you were drinking alcohol to which your co accused replied you were. Police then searched you and your co accused and found in your bag one marijuana cigarette wrapped in foil and a packet of Pall Mall containing ten marijuana cigarettes also wrapped in foil. The marijuana substances weighed 6.4 grams. You were apprehended and interviewed at the main police post in Apia.
3. In the pre-sentence report, you admit the offending and further disclosed that you had bought the cigarettes from a dealer at the Fugalei market.
4. I consider as aggravating features of your offending the prevalence of narcotics offending and your previous conviction in May this year for similar offending. For that matter, you were convicted and sentenced to supervision for 9 months with certain conditions. Clearly you have reoffended whilst under a sentence of supervision and as reported by probation, you have also not complied with the reporting conditions of that sentence.
5. In mitigation I consider your guilty plea entered at the earliest opportunity and personal circumstances noted in the pre-sentence report.
6. As I indicated to you when this matter was last called, the appropriate penalty is one of imprisonment. You were granted the Court’s leniency under a sentence supervision for similar offending in May 2023. You failed to use that opportunity to become better. Not only did you reoffend whilst under supervision and in breach of that sentence, but also failed to comply with its reporting conditions.
7. In their supplementary sentencing memorandum, prosecution recommend a starting point of 4 years. Four years is excessive and I do not accept that recommendation by prosecution. In fact, the case of Police v. Pritchard [2020] WSSC 19 that they rely on involved a substantial quantity of narcotics found on the accused compared to your case. I consider appropriate in your case a starting point of 9 months. I deduct 3 months for your guilty plea entered at the earliest opportunity. The end sentence is 6 months.
8. On the charge of possession of narcotics, you are convicted and sentence to 6 months imprisonment. Time in custody to be deducted.

JUSTICE ROMA