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Police v Reupena [2023] WSSC 85 (8 June 2023)

SUPREME COURT OF SAMOA
Police v Reupena [2023] WSSC 85

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

AND

PENIAMINA REUPENA aka JUNIOR PENI aka REUBEN BENJAMIN LEAUSA male of TULAELE, ULULOLOA, LEPUA’I MANONO AND FALEFA.
Accused

Counsel:
T. Sasagi for Prosecution
Accused in person

Date: 08 June 2023

SENTENCE OF PERESE CJ

1. Mr Reupena appears today for sentence in relation to one (1) charge of narcotics contrary to Narcotics Act, sections 7&18. That at Saleufi on the 6th January 2023 the defendant knowingly has in his possession narcotics namely cannabis substance one (1) zip-lock plastic bag containing loose marijuana leaves weighing 2.41 grams.
2. The charge set out in the charging document dated 30 January 2023 and he pleaded guilty to that at the first opportunity. Before me for the purposes of sentencing today, I have the sentencing memorandum filed by the police. Also before me is the summary of facts, the pre-sentence report that has been prepared by probation services and previous convictions from the Ministry of Police.
3. I have also had the opportunity to hear from Peniamina directly in which he apologises for his poor behaviour and he asks for an opportunity and make amends.
4. The summary of facts are as follows:
   • (1) The defendant is a twenty-four (24) year old male of Tufulele, Ululoloa, Lepuia’i Manono and Falefa. He is unemployed.
   • (2) On the 6^th January 2023, a security guard who works at Eveni Store sought assistance from Police regarding the defendant.
   • (3) The defendant approached the security guard while he was at work and asked for money. In response, the guard told the defendant that he does not have any money. The defendant then tried to snatch his cell-phone.
   • (4) The defendant ran off when he saw the Police arriving at the scene.
   • (5) The attending officers then tried to locate the whereabouts of the defendant. Upon arrival at the Lotemau building, they noticed the defendant there. Thus, the defendant was arrested and apprehended to the Apia Police Station.
   • (6) On their way to the Police Station, Sergeant Maioa noticed that the defendant was reaching into his pockets. The defendant grabbed a small zip lock plastic bag containing loose marijuana leaves and he threw it under the seat.
   • (7) The defendant was asked by Sergeant Maioa about the plastic bag and cash, amounting to SAT$32.50 but he remained silent.
   • (8) The weight of the loose leaves found in the defendant’s possession is 2.41 grams.
   • (9) On the 7^th of January 2023, the defendant was informed of his constitutional rights and was later charged.
   • (10) The defendant has a previously appeared for convictions for Burglary and Theft in 2012.
5. I have had the chance to review the pre-sentence report which substantially mirrors the matters which are touched on in the summary of facts. Although the summary of facts was not made available when the pre-sentence report was prepared. So it is to the defendant’s credit that he has reasonably faithfully recounted the events that led to his arrest and a charge of these offences.
6. I have had the chance to read through the sentencing memorandum prepared by the prosecution and acknowledged my thanks for the main material contained therein obviously the various principle of sentencing are taking into account the sentencing. And it appears to me that the offending of this case falls somewhere in between the sentencing in Police v Finau involving three (3) marijuana cigarettes where the defendant was convicted and sentenced to come up for sentence in twelve (12) months. And Police v Iosefa and in that case there were five (5) marijuana cigarettes involved and again the defendant was convicted and sentenced to six (6) months supervision.
7. Although the defendant in this case has previous convictions they are for all intents for purposes irrelevant to this sentencing for two reasons they relate to different offences and also they are historic and that they relate to matters that happened in 2012. And presumably since that time to now the defendant has lived in other ways unremarkable and law abiding life. I can see that the defendant is a young man; he has prospects in front of him and should be given the chance to rehabilitate. I understand that he has undertaken an alcohol and drug assessment and that he has completed the requirements of those of the Salvation Army course, successfully. And that as to his credit that he is undertaking those steps to look after himself and to get himself well. The recommendation of Faauma Faimanu of the Salvation Army is that Peniamina said that he never used cannabis since his arrest, joined the festive seasons of 2022. He has been equipped with the resources to plan for his new cannabis free life style.
8. In addition, Peniamina relayed that he had been abstinence with alcohol within the last past three weeks, his health is improving and he would like to continue with his abstinence pattern. He advised that he is spending much of his money in time caring for his daughter and father and he’s working hard to provide financial support for their family obligations. Faauma says we are satisfied with Peniamina’s level of engagement and participation and he reports that he’s very grateful to have been empowered by information provided and shared during the programme. As the agreed treatment plan has now been completed we advise we’re closing his file he can always contact us directly should he need any additional support in the future.
9. Peniamina, you are being congratulated for taking positive steps in your life. And you need to be able to continue to do that. I am going to sentence you to a sentence of conviction and to come up for sentence in six (6) months. What that means is that, you are convicted of the offence that you have been charged with so there will be a record of this. If you continue to behave properly and the period of six months expires then you will be home free as it were. But if you offend again in the next six (6) months you will be given another sentence on top of whatever sentence applies in that next case.
10. Tama lelei ua e iloa. Fa’ata’atia na mea, o mea na fa’atamaiti ua e matua lena ua iai si ou afafine lena e pupula mai ia oe lea ete iina i Tanumalala. Vaai lelei lou olaga o lena ua tuu atu le avanoa ia te oe. Alu loa e fai faalelei lau amio ma alofa isi ou aiga.
    

CHIEF JUSTICE