IN THE SUPREME COURT OF SAMOA
Police v Su’a [2024] WSSC 141 (18 December 2024)

Case name: 	Police v Su’a	
		
Citation: 	[2024] WSSC 141	
		
Decision date: 	18 December 2024	
		
Parties: 	POLICE (Informant) v FAASASALU SU’A, male of Tafatafa Falealili (Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Fepulea'i Ameperosa Roma 	
		
On appeal from:		
		
Order:	On the one charge of possession of utensil, you are convicted and fined $500 to be paid by 2pm tomorrow, Thursday 19 December 2023 in default, you will spend 6 weeks including Christmas and New Year in prison.	
		
Representation: 	T. Fesili for Prosecution
Q. Sauaga for Defendant	
		
Catchwords: 	Possession of a utensil 	
		
Words and phrases:		
		
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:

FAASASALU SU’A male of Tafatafa Falealili.

Defendant

Counsel:	T. Fesili for Prosecution
Q. Sauaga for Defendant

Sentence:	18 December 2024

SENTENCE
1. 	You appear for sentence on one charge of possession of utensil.  The maximum penalty is seven years imprisonment.  At first you denied the charge but vacated your not guilty plea on the 12th November 2024 when police withdrew charges against the other co accused, and proceeded against the three of you including Faatau Uepa and Iamanu Luamata.
2. 	The charge arises from a police search at Puipaa on the 19th September 2023. The search was pursuant to a warrant and targeted the home of your co accused Faatau Uepa and his son in law Iamanu Luamata.  Their sentence has been further adjourned on application by their counsel.  I see no reason why the court cannot proceed to sentence you this afternoon given the only charge you face is possession of utensil. 
3. 	The police search included not just the house of Faatau Uepa but the vehicles found on the premises.  One was a black Toyota BB plate number 40417 in which they found a pipe belonging to you. 
4. 	I consider as aggravating factors:
(i) 	the circumstances of your offending - you might have been found in possession of one pipe, but your presence at the premises with other co accused, and the presence of large quantities of meth and marijuana is strong evidence you are a user of methamphetamine; 
(ii) 	the prevalence of narcotic offending involving utensils.  
5. 	In mitigation I take into account your guilty plea and personal circumstances.  From the presentence report, you are a 43 year old married man with an 18 year old son.  You live at Manu’a, American Samoa with your wife and son but travel often to your family here at Tafatafa.  The police summary says you have a previous conviction, no confirmation by way of a conviction record has been produced, and they seek to remove that part of summary.  I will sentence you as a first offender. 
6. 	The maximum penalty for possession of utensil is seven years imprisonment.  Prosecution and your counsel agree that a non custodial penalty is appropriate.  I have considered their submissions and the authorities they refer to.  I must say you are very lucky it was only the pipe and no methamphetamine was found on you.  Otherwise, the penalty would be different.
7. 	On the one charge of possession of utensil, you are convicted and fined $500 to be paid by 2pm tomorrow, Thursday 19 December 2023 in default, you will spend 6 weeks including Christmas and New Year in prison. 

JUSTICE ROMA