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Police v Uepa [2025] WSSC 26 (25 April 2025)

IN THE SUPREME COURT OF SAMOA
Police v Uepa & Anor [2025] WSSC 26 (25 April 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

DOREEN FRIEDA TAFILIPEPE female of Siumu and Vailoa Faleata

Defendant

Counsel: J. Leung Wai for Prosecution

J. Fuimaono-Sapolu for both Defendants

Sentence: 25 April 2025

SENTENCE

Charges

1. Your sentence has been adjourned several times on application by counsel to liaise with prosecution on the issue of assistance to authorities as a mitigating factor and reduction of sentence.
2. Your claim to having assisted police is not verified by prosecution, and you now appear for sentence on several charges arising from a police raid at Puipaa on the 19th September 2023. For Faatau, you face five charges:
   • (i) possession of methamphetamine, with a maximum penalty of life imprisonment;
   • (ii) possession of narcotics, namely marijuana with a maximum penalty of 14 years imprisonment;
   • (iii) possession of utensil, with a maximum penalty of 7 years imprisonment;
   • (iv) possession of unlawful ammunition with a maximum penalty of 5 years imprisonment;
   • (v) possession of ammunition without a permit, the maximum penalty is 2 years imprisonment.
3. For Iamanu, there is only one charge against you, one of possession of methamphetamine.
4. You previously both denied the charges. On the 12th November 2024 when the hearing was to commence, prosecution withdrew charges against 6 of your co accused, and proceeded on an Amended Charging Document against only you both and one other, namely Faasasalu Su'a. You then vacated your not guilty pleas substituted by guilty pleas; and Faasasalu Su'a has since been sentenced on one charge on possession of utensil.

Offending

5. From the police summary admitted by you through counsel, police executed a search warrant at Faatau’s Puipaa residence around 4.30pm on the 19th August 2023. Upon entering, they presented Faatau the search warrant and proceeded to search the premises, the vehicles and individuals present thereon.
6. Iamanu was found to be in possession of one (1) zip lock plastic bag containing methamphetamine, and a black Nike handbag containing a small container. Inside the container were 18 zip lock plastic bags containing methamphetamine. The total weight of ‘meth’ inside the 19 zip lock plastic bags found on Iamanu was 1.75 grams.
7. Shortly afterwards, police searched Faatau’s entire house including a small room at the rear which appeared to be used as an office. The room was known as ‘potu o Faatau Uepa’, and inside they found:
   • (i) seven (7) zip lock plastic bags containing methamphetamine which weighed 13.32 grams;

(ii) two (2) portable electronic scales;
(iii) one (1) clear glass pipe;
(iv) fifty (50) “7.62” live ammunition and one (1) “38” live ammunition;
(v) eighty six (86) “22” live ammunitions and thirty seven (37) “22” magnum live ammunitions;
(vi) twenty three (23) marijuana branches with leaves weighing 38.57 grams;
(vii) loose marijuana leaves weighing 6.69 grams;
(viii) three (3) marijuana cigarettes securely wrapped in pieces of foil weighing 2.45 grams;
(ix) two and a half (2 ½) marijuana cigarettes weighing 0.54 grams; and
(x) marijuana flower heads weighing 0.51 grams.

8. You were taken in and charged by police.
9. Faatau admitted his offending to Probation and explained how and why he became involved with ‘ice’. He suggested that his family including you Iamanu were not involved. His version is consistent with Iamanu’s, that he was unaware of the dealings between Faatau and the other co accused.

Aggravating Factors

10. I consider as aggravating features of your offending:
    • (i) the substantial amount of methamphetamine and marijuana - For Faatau he was found in possession of 13.32 grams of ‘meth’ and 48.22 grams of marijuana substances. For Iamanu, the weight of ‘meth’ found in his possession was 1.75 grams;

(ii) the offending involved the presence of a significant number of live ammunitions;
(iii) the drugs and ammunition were found inside the home shared by Faatau, his wife and children including Iamanu;
(iv) the offending involved commercial intention - clearly you were dealing in drugs for a commercial purpose given the substantial quantity of drugs, the scale and utensils, the numerous live ammunitions, and presence of other co accused;
(v) the prevalence of drug offending especially involving ‘ice’;
(vi) in relation to Faatau, I consider your previous convictions. The record shows that on the 25^th August 2023, you were convicted and sentenced to 6 months imprisonment on similar offending. The material says you were released in March 2024, and 6 months later you were charged for these offences, only this time with a substantial quantity of drugs.

Mitigating Factors

11. In mitigation of penalty I consider:
    • (i) your guilty pleas;

(ii) your personal circumstances and the references provided through Probation. For Faatau, I consider the testimonials by Rev. Taaina Taaina of the Methodist Church at Puipaa, and Leao Vaalele Muliaumalu, pulenuu of Puipaa.

For Iamanu, I consider the testimonials by Rev. Martin Taumate of the EFKS at Manunu, and Tai Toetu, pulenuu of Manunu. They seem to support your wife’s claim through Probation that you do not smoke and have never been involved with drugs. You are a first offender.

Discussion

12. Methamphetamine or ‘ice’ continues to be a major problem in Samoa and one that needs to be given priority in addressing. The sharp increase in cases involving ‘ice’ including the most serious and violent offending is a major concern. Its impacts on users, their families and the community are well known. In fact, the court in numerous decisions has highlighted its detrimental effects. It is simply addictive and destructive.
13. Whilst parliament has viewed the problem with such seriousness that a maximum penalty of life imprisonment is warranted, the court must continue to play its part by imposing deterrent imprisonment sentences to combat the problem.
14. In respect of Faatau, prosecution recommend a start point of 6 to 7 years. I have reviewed the authorities cited by both prosecution and your counsel, and other relevant cases not referred to in their submissions. In your case I place emphasis on the quantities of methamphetamine and marijuana substances, and large number of unlawful live ammunition.
15. Upon a consideration of all factors, I adopt in respect of Faatau 6 years as the appropriate start point on the lead charge of possession of methamphetamine. I make an uplift of 6 months for your previous similar conviction. From 6 ½ years I make these deductions. For the testimonials submitted in support of your character, I deduct 6 months. For your guilty plea to the charge, I deduct 18 months. I will not make any deduction for assistance to police simply because they have not been not verified. The end sentence is four and a half (4 ½ ) years imprisonment.
16. For Iamanu, prosecution recommend a start point of 2 to 4 years on the one charge of possession of methamphetamine. I consider the quantity of methamphetamine and adopt 3 years as the appropriate start point. I make these deductions. For the testimonials submitted in support of your character I deduct 6 months. For your personal circumstances and first offender status I deduct 6 months. For your guilty plea to the charge, I deduct a further 6 months. The end sentence is 18 months’ imprisonment.

Result

17. Faatau will serve the following sentences concurrently, less time in custody from the 12th November 2024 pending sentence of the court.
    • (i) on the charge of possession of methamphetamine, you are convicted and sentenced to four and a half (4 ½) years imprisonment;

(ii) on the charge of possession of marijuana, you are convicted and sentenced to three (3) years imprisonment;
(iii) on the charge of possession of utensil, you are convicted and sentenced to two (2) years imprisonment;
(iv) on the charge of possession of unlawful ammunition, you are convicted and sentenced to two (2) years imprisonment;
(v) on the charge of possession of ammunition without a permit, you are convicted and sentenced to 9 months’ imprisonment.

18. For Iamanu – on the charge of possession of methamphetamine, you are convicted and sentenced to 18 months’ imprisonment, less time in custody from the 12^th November 2024.

JUSTICE ROMA