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Police v Silva [2024] WSSC 94 (6 September 2024)

IN THE SUPREME COURT OF SAMOA
Police v Silva [2024] WSSC 94 (06 September 2024)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

LAKI JUNIOR SILVA, male of Vaimoso and Fugalei

Defendant

Counsel T. Fesili for Police

Defendant appears in Person

Hearing 9^th, 10^th, 11^th and 12^th April 2024
Submissions: 10^th May 2024
Sentence: 6^th September 2024

SENTENCE

1. Following a defended hearing, I found Vincent Smith guilty of possession of methamphetamine (“ice”), an unlawful weapon, two clear glass pipes and marijuana. Similarly, I found Laki Silva guilty of possession of loose marijuana leaves and branches.
2. Since my findings of guilt, delays to the sentencing of the two defendants have been caused by Vincent withdrawing instructions from his lawyer Mr Lesa and seeking to engage new counsel. I do not wish to delay Laki’s sentencing any further while Vincent sorts out his legal representation and how he wishes to proceed. Accordingly, I now proceed to sentence Laki Silva only. Vincent Smith’s sentencing will be deferred until he is ready to proceed with his sentencing.

The Offending:

3. In my written judgment of the 24^th June 2024, I set out my findings of fact. I will not set those out in detail except to say that on the morning of the 6^th May 2023, police conducted a raid at Vincent’s home at Toamua. Ice was found on Vincent as well as other items in his bedroom in his home. I do not for the purposes of sentencing Laki need to set those out here.
4. Laki was staying in Vincent’s home in an adjoining guest room with his girlfriend. When police searched that room, Laki was in possession of a packet of cigarettes in which marijuana was found. A second quantity of marijuana was found at the foot of the mattress.

The Accused:

5. Laki is 39 years old from Fugalei, where he was brought up. He is the youngest of 4 siblings. He has 5 children of his own. After reaching year 6 in Samoa, he too migrated overseas but to New Zealand. There, he attended High School to year 11 when he returned to Samoa as he had begun associating himself with street gangs there. He then completed High School at St Josephs College, went on to the National University of Samoa and then the University of the South Pacific. He moved to Papua New Guinea for 5 years. When he separated from his partner, he returned to Samoa and worked at Comptech for a year followed by British American Tobacco, Connect IT and then Samoa Airways. He has a prior conviction for intentional damage and insulting words entered in 2021.

Aggravating and Mitigating Factors:

6. The aggravating factors in relation to your offending Laki offending is: (a) premeditation; and (b) prevalence of this type of offending.
7. Laki, this is your first narcotic offending. There is no evidence as to weight though the quantity does not appear to be significant. You come across to me as a bright person with a great deal of potential. Your work history shows this as did how you present yourself during the course of your trial. Given the seemingly small quantity of marijuana in your possession and your prospects of a bright future, I have decided to impose a non-custodial sentence focusing on your rehabilitation as well as a community work sentence for you to give back to the community.
8. I do hope Laki that this experience is a lesson to you to stay away from drugs. You have a bright future if you decide to make the most of the talents you have.

The Penalty:

9. Laki, on all charges, you are convicted and sentenced to 6 months supervision of the Probation Service and ordered to:
   • (a) attend a Salvation Army program or similar program as directed by the Probation Service to address your use of drugs; and
   • (b) carry out 50 hours of community work.
     

JUSTICE CLARKE