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Police v Siliva [2023] WSSC 80 (29 November 2023)

IN THE SUPREME COURT OF SAMOA
Police v Siliva [2023] WSSC 80 (29 November 2023)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

OPETAI ISAAKO TUPUIVAO SILIVA male of Seesee and Vaimoso

Defendant

Counsel: E. Lam for the Prosecution

Defendant in person

Sentence: 29 November 2023

SENTENCE

1. You appear for sentence on 4 charges – the first is possession of narcotics which carries a maximum penalty of 14 years imprisonment; the second and third are charges of common assault which carry a maximum penalty of 12 months imprisonment for each charge; the fourth charge is one of insulting words, the maximum penalty for which is 3 months imprisonment or a fine of $200. You entered guilty pleas to all charges on the 30^th October 2023 when finalised.
2. On the 14^th October 2023 around 9pm, the police bike unit were on their usual patrol around the Sogi and Mulinuu area. At Club 75 Sogi, they contacted the main office for a vehicle to take to the station street vendors who were roaming around the area. You came out of the club, intoxicated and touched one of the bike. One of the officers told you off, you became angry and swore at him “kefe e lē fefe sesi i a oe.” As police tried to calm you, you grabbed one officer’s shirt and ripped its left side. Police managed to take you to the main Apia post where the officers again tried to calm you as you were becoming a nuisance. But you resisted and kicked one of the officers on the side of his mouth.
3. Police searched you and found in your possession one marijuana branch which weighed 0.33 grams, and loose marijuana leaves wrapped in foil which weighed 0.12 grams. In the pre-sentence report you admit your offending and say that when you returned the bike, an officer grabbed you by the collar and you responded by trying to free yourself.
4. The victims of the assault charges are two young police officers aged 22 and 23 years respectively. One says in his victim impact report that he felt pain and suffered swelling on his mouth. He was given pain relief at the hospital. The other says that his uniform was torn as a result of your offending. Both say that you have not apologised.
5. The aggravating factors are:
   • (i) prevalence of narcotics offending;
   • (ii) that these were assaults on police officers in the discharge of their duties;
   • (iii) your previous convictions - from the record you were convicted of causing grievous bodily harm on the 15^th October 2021 and sentenced to 18 months supervision. On the same day you were also convicted and sentenced to the 6 months you had spent in custody for possession of narcotics. Probation confirms that your sentence of supervision was completed without relapse.
6. In mitigation I consider your guilty plea and personal circumstances referred to in detail in the pre-sentence report.
7. As to penalty I consider the totality of your offending. I consider in particular your recent related conviction in 2021. Taking those matters into account I find that a custodial sentence is appropriate. I adopt 12 months as the appropriate start point on the lead charge of possession of narcotics, which includes an uplift of 6 months for your previous convictions. From 12 months I make one deduction of 4 months for your guilty pleas. The end sentence is 8 months imprisonment.
8. Accordingly I sentence you as follows:
   • (a) On the charge of possession of narcotics, you are convicted and sentenced to 8 months imprisonment;
   • (b) On the 2 charges of common assault, you are convicted and sentenced to 4 months imprisonment on each charge;
   • (c) On the charge of insulting words, you are convicted and sentenced to 4 weeks imprisonment;
   • (d) All sentences will be served concurrently less time that you have spent in custody.

JUSTICE ROMA