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Police v Telea [2008] WSSC 37 (18 June 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TANIELU TELEA
male of Lalomauga.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: L M Sua-Mailo prosecution
Accused in person

Sentence: 18 June 2008

SENTENCE

1. The accused is appearing for sentence on the charge of knowingly being in possession of narcotics which carries a maximum penalty of 7 years imprisonment. To the charge he pleaded guilty at the earliest opportunity.

2. The accused is a male from the village of Lalomauga. He is now 16 years old but was 15 years and 9 months at the time of this offence.

3. According to the summary of facts which was admitted by the accused, the police received a call on Friday 25 January 2008 from the security officer on duty at Frankies Wholesale, where the accused was employed, that loose marijuana leaves had been found in the accused’s bag. Two police officers attended the call and found the accused in possession of loose marijuana leaves wrapped in a piece of white paper. The accused was immediately arrested and brought to the Apia police station.

4. The marijuana leaves were found to weigh a total of 4.2 grams and is estimated to make up six marijuana joints.

5. The accused told the probation service and later the Court that on the day in question he went to the Fugalei Market to have breakfast before going to work. At the Fugalei Market a stranger begged him for $20 to pay for his bus and ferry fares to Savaii. At first he was undecided but when the stranger persisted, he gave him $20. He then put the plastic packet in his bag. That was where the security officer at his former employer’s premises found the marijuana leaves.

6. Following this incident, the accused ceased employment with his former employer. He now works for a different employer for whom he has been working for about five months.

7. It appears from the pre-sentence report that that the accused is the eldest child of his parents seven children. He stopped going to school at Year 9 because of financial hardship faced by his parents. He then started employment at the age of 14 years with Frankies Wholesale until this offence. He is now working for a different employer earning about $150 a week. He uses that money to support his family.

8. The testimonial from the accused’s current employer states that the accused is an honest, dependable and hardworking person. The testimonial from the EFKS pastor of the accused’s village also shows the accused as a reliable and hardworking young man. He is also a frequent churchgoer and a member of his church Sunday school.

9. The accused is also a first offender.

10. The offence to which the accused has pleaded guilty is a serious one as reflected by the maximum penalty of 7 years imprisonment provided for it. Marijuana related offences are also the most prevalent type of offending in the community.

11. However, given the mitigating features of this case which include the accused’s guilty plea at the earliest opportunity, the fact that he is a first offender, his good testimonials, and his young age, I have decided that a custodial sentence would not be appropriate in this case.

12. But I must warn the accused that if he appears before the Court again for the same type of offending, the Court would not be sympathetic with him.

13. The accused is sentenced to 12 months probation with the special condition that he is to do 75 hours of community service during his term of probation.

CHIEF JUSTICE

Solicitors
Attorney-General’s Office, Apia, for prosecution