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Police v Piula [2015] WSSC 63 (6 July 2015)

SUPREME COURT OF SAMOA
Police v Piula [2015] WSSC 63

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

S4359/14-S4361/14

BETWEEN

P O L I C E
Prosecution

A N D

FERETI PIULA male of Magiagi
Accused

Counsel:
R Titi for prosecution
Accused in person

Sentence: 6 July 2015

S E N T E N C E

The charges

1. The accused Fereti Piula appears for sentence on one charge of narcotics, namely, a small plastic bag of dried marijuana leaves estimated to yield two marijuana joints, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment and one charge of being found drunk in a public place, contrary to s.16 (a) of the Police Offences Ordinance 1961, which carries a maximum penalty of 3 months imprisonment. To both charges, he pleaded guilty at the earliest opportunity.

The offending

2. On Saturday evening 13December 2014 around 6:00pm, the accused was picked up as a passenger in front of the RSA Club in Apia by the complainant who is a taxi driver. The accused told the complainant to take him to Magiagi. At the time, the accused was heavily intoxicated.
3. On the way to Magiagi, the accused became rowdy and noisy inside the complainant’s taxi. When the taxi arrived at Magiagi, the accused was not able to give clear directions to the whereabouts of his house. As a result, the complainant became confused and did not know which house was that of the accused. The complainant soon realised that the accused was giving him false directions as he did not have a taxi fare. So the complainant asked the accused for his taxi fare. However, the accused gave the complainant a small plastic bag containing dried marijuana leaves as payment. This was rejected by the complainant.
4. The complainant then drove to the house of the pulenuu of Magiagi and informed the pulenuu that the accused did not pay his taxi fare but had given him marijuana for payment of his taxi. The pulenuu then reported the accused to the police who soon arrived and took the accused to the Apia police station where he was kept in custody overnight as he was too drunk.

The accused

5. The accused is a 38 year old male and is married with children. He is employed as a carpenter. The accused is also a first offender.

Discussion

6. Given the nature of the offences for which the accused is appearing for sentence, the quantity of marijuana substances found on him, the fact that he is a first offender, and his guilty plea at the earliest opportunity, I have decided not to impose a custodial sentence.

Result

7. The accused is convicted and sentenced to 6 months supervision and ordered to perform 40 hours community work.
   

Chief Justice Sapolu