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Police v Tanuvasa [2025] WSSC 28 (1 May 2025)

IN THE SUPREME COURT OF SAMOA
Police v Tanuvasa [2025] WSSC 28 (1 May 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

FAATAMOE TANUVASA, male of Nofoalii & Melbourne Australia.

Defendant

Representation: M.T. Fesili for Informant
V Afoa for the Defendant.

Sentence: 1^st May 2025

ORAL SENTENCE

The Charge:

1. Faatamoe, you appear for sentence on one charge possession of marijuana set out in the Charging Document dated 3^rd April 2025. You entered a guilty plea to the charge early once the charge amended.

The Offending:

2. According to the Prosecution’s Amended Summary of Facts accepted through your counsel, on the 21^st February 2025 at approximately 1am, you arrived in to Samoa from a Fiji Airways flight. You had come to Samoa to attend a family court matter. You intended to stay here for two weeks before returning to Australia where you live with your family. \
3. When you arrived at the Faleolo International Airport, customs carry out a routine inspection of your baggage. During the x-ray screening process customs were suspicious of a waist bag that you were carrying. As a result of the suspicious by customs, they searched the waist bag and discovered a small blue plastic container inside. Inside the container was a zip lock bag containing marijuana weigh 0.88grams. You were informed about the discovery and admitted the substance was marijuana.

Background of the Accused:

4. You are a 48 year old male of Nofoalii and currently residing at Melbourne Australia. According to your Pre-Sentence Report you are the third of six siblings and completed school to 13 at Avele College. You migrated to New Zealand to play rugby and became a Microsoft trained programmer. You have held various jobs in various industries including construction, painting and logistics. In 2016, you then move to Melbourne Australia. You have been married 19 years and have 5 children, the eldest 16 years of age and the youngest 17 months old.

Aggravating Features of the Offending:

5. Aggravating of your offending is that:
   • (i) you brought the marijuana through the boarder;
   • (ii) it was premeditated; and
   • (iii) the prevalence of this offending in Samoa.
6. Although you have prior convictions entered in 2010, they are of a different nature. There are therefore no aggravating features in respect of you as an offender.

Mitigating Factors of the Offender:

7. The mitigating factors I take into account on sentencing are:
   • (i) your remorse; and
   • (ii) Your early guilty plea.

Discussion:

8. Faatamoe, you told the Probation Service that you take marijuana back injury. There is absolutely no evidence before me that the marijuana is prescribed and I reject that suggestion by you. In fact, a medical report from the Deer Park Medical Clinic from 2024 shows that you were prescribed Nurofen to manage your back pain – not marijuana. I also reject any assertion by you that you were unaware that bringing marijuana into Samoa is illegal. You will have completed the customs and quarantine declaration form and will have been well aware that bringing the marijuana into Samoa is illegal, or at least, to then have it declared. It also seems to me that when you visit Samoa, you seem to get yourself into trouble. This is because in 2010, you were also convicted of assault and willful damage when you had already moved to New Zealand.
9. Prosecution seeks an imprisonment term of between 12 months and 2 years imprisonment. Your counsel notes you spent time in custody and seeks the imposition of a fine. A fine is not open to me as section 18(a) and (b) of the Narcotics Act 1967 only provided for an imprisonment term.
10. There is an increasing prevalence of passengers bringing into Samoa narcotics through the airport or transiting through Samoa with narcotics. The Customs and Quarantine services are to be congratulated for the work they are doing at the airport in detecting these drugs at the airport. This level of vigilance should also be occurring at Samoa’s sea port, including from American Samoa – which may potentially be a key entry point to the Class A drugs coming into Samoa.
11. Now, in your case Faatamoe, you spent 10 nights in custody. You have been in Samoa now for over 2 months. Although the amount of marijuana is small, there is no question that bringing that marijuana through the boarder is a serious offence. As I have said, a fine is not open to me, however, I may substitute an imprisonment term with a community-based sentence. I will accordingly do so. Imposing more time in custody by way of imprisonment is not warranted. You are fortunate that the quantity of marijuana was small.
12. I trust that when you visit Samoa again in the future, you will not be so foolish or you might otherwise spend more 10 nights at Tanumalala Prison.

Result:

13. In respect of the possession of marijuana charges, you are convicted and sentenced to:
    • (a) 100 hours of community service to be served at the Samoa Victim Support Group and or the Samoa Cancer Society or as may otherwise be directed by the Probation Service; and
    • (b) $1,000 court costs.
14. Once you completed the Community based sentenced and paid the court costs, your passport can be released to you by the Registrar.
    

JUSTICE CLARKE