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Police v Nickel [2025] WSSC 81 (24 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Nickel [2025] WSSC 81 (24 September 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

MAYSABELL NICKEL, female of Lepea and Sinamoga.

Accused

Representation: E Keil for Prosecution

Defendant self-represented

Sentence Decision: 24^th September 2025

ORAL SENTENCE

The Charge:

1. Maysabell, you appear for sentence on one charge of possession of 0.24 grams of methamphetamine. You entered a guilty plea at the earliest opportunity.

The Offending:

2. According to the Prosecution Summary of Facts dated 25^th August 2025 admitted by you, you had previously been charged with the possession of methamphetamine arising from an incident on the 16^th January this year at the Apia Police Station. You had been granted bail on the 22^nd April on the following conditions:
   • (i) to sign at the Apia police station every Wednesday, and
   • (ii) not to reoffend.
3. On the evening of the 18^th June this year, you went to Alafua and purchased 2 small zip-lock bags containing methamphetamine. The same day, you attended court for your earlier matter. You arrived late and a warrant of arrest was issued. When you arrived at court, the police executed the court warrant. You were arrested and placed into police custody and later taken to the Tanumalala Prison. When you arrived a Tanumalala, a search was conducted by the Prison Authorities. During the search, the prison guard located 2 small plastic bags inside your bra. The 2 zip-lock bags containing methamphetamine weigh 0.24 grams.

Background of the Accused:

4. You are a 36 year old female of Lepea and Sinamoga. You are the mother of 3 children who you said you shared with your partner John Stanley. You told me they are 2 boys aged 5 and 3 years old and a baby girl who is just 6 months old. They are currently being cared for by your brother as you and your partner are now at Tanumalala Prison.
5. You completed school to year 13. You told the Probation Service you have worked at the Curry House Restaurant for 18 years.

Aggravating Features of the Offending

6. The aggravating features of your offending are as follows:
   • (a) the prevalence of this type of offending;
   • (b) you committed this offending whilst on bail for similar offending; and
   • (c) you brought this methamphetamine with you to the court house.

Mitigating Factors Offender:

7. The mitigating factors I take into account in respect of you are as follows:
   • (a) your deep and genuine remorse and prior good character;
   • (b) your personal circumstances; and
   • (c) your early guilty plea.

Discussion:

8. Maysabell, I struggle to understand your actions. You told me you are not a methamphetamine user, yet you brought methamphetamine with you to court claiming it was for a friend. You also said you understood the court’s general stance on meth possession, and that it typically results in imprisonment. Despite knowing this, and whilst already facing a charge for methamphetamine possession, you came to court carrying methamphetamine. Why would you knowingly take such a risk?
9. You have three very young children. Your youngest is just six months old. Now, after spending two months in custody and beginning to face the consequences you knew were likely, you cry and plead to be reunited with your children. But it was you who put your duty as a mother at risk. As I said, I do not understand your foolishness.
10. The prosecution seeks a starting point of one to two years’ imprisonment. You committed this offence whilst on bail for similar charges. You brought methamphetamine into the courthouse. Although you claim you are not a user and were simply carrying it for a friend, you are fortunate I am not sentencing you today on the basis of commercial possession.
11. Having regard to the authorities cited and with reference to the table of methamphetamine sentences annexed to Police v Faamausili [2025] WSSC 12 (12 March 2025), I consider a starting point of 15 months’ imprisonment appropriate. From that starting point, I make the following deductions:
    • I deduct 4 months for your genuine remorse and prior good character;
    • I then consider your personal circumstances. Your three children are now being cared for by their uncle because both you and your partner, Muliaga, are in prison. For their sake, not yours, I extend a further deduction of 5 months; and
    • I also deduct 2 months for your early guilty plea.
12. This leaves an end sentence of 4 months’ imprisonment. Given this substantially reduced sentence intended to allow you to care for your children while Muliaga serves a much longer term, you will also be placed under supervision on your release.

Final remarks:

13. As you serve the remaining two months of your sentence at Tanumalala Prison, I urge you to reflect deeply on the following and you ask yourself the following questions:
    • (i) is this where you want to be?
    • (ii) do you want to return there?
    • (iii) is methamphetamine worth losing your children for?
14. If your answer to any of these questions is “no,” then you must change your life. That means finding new friends and making better choices. If Muliaga returns from prison and continues with his use of methamphetamine, you must ask yourself whether staying in that relationship is worth losing your children.
15. If you ever consider involving yourself with methamphetamine again, remember how you feel right now. Let that be enough to keep you away from a drug that has destroyed so many lives. If you should stand in the dock again for the same offending, you will not get this opportunity ever again. You will spend a much longer period of time at Tanumalala Prison. You make the most of this opportunity. It will not happen again.
16. On the possession of methamphetamine charge, you are convicted and sentenced to 4 months’ imprisonment less remand in custody since 28^th July 2025. On your release from prison you are to be under the supervision of the Probation Service for 6 months and to undergo such programs as maybe directed by the probation service.

JUSTICE CLARKE