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Police v Luvu [2025] WSSC 35 (29 May 2025)

IN THE SUPREME COURT OF SAMOA
Police v Luvu [2025] WSSC 35 (29 May 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

RUPENI NAUCUKIDI LUVU, male of Fiji and Iliili, American Samoa.

Accused

Counsel: MT Fesili for prosecution
P Toma for the Accused

Sentence Hearing: 15 May 2025
Decision: 29 May 2025

RESERVED SENTENCE

1. Rupeni Luvu, you appear for sentence on charges of possession of 0.59 grams of methamphetamine carrying a maximum penalty of up to life imprisonment; and one charge of possession of a utensil carrying a maximum penalty of up to 7 years imprisonment.

The Offending:

2. According to the Summary of Facts, on the 20^th March 2025 at approximately 10.00am, you arrived at the Faleolo “regional terminal” from American Samoa on a Talofa Airways flight transiting onwards to New Zealand later that afternoon. At the terminal, customs x-rayed your luggage and became suspicious due to the presence of an object resembling a glass pipe. Customs were suspicious so inspected your luggage. Customs officers found a small black bag with a zip-lock bag inside containing crystalline substances later identified as methamphetamine, total weight 0.59 grams. Also inside was a clear glass pipe, commonly used to consume methamphetamine.

The Accused:

3. You are 55 year old male residing in American Samoa for the past 15 years. You were born and raised in Fiji and are the eldest of 7 children. You completed school to year 13 and then migrated with your father and family to American Samoa where your father found employment. In American Samoa, you attended the Community College for 3 years before commencing employment at various businesses before finally now working for the American Samoa Football Federation. You are married with four children.
4. There is no evidence of any prior convictions. At 55 years old, you are a person of prior good character. You have extensive references attesting to your good character from the President of the Football Federation of American Samoa, Dr Jean Anderson, Clinical Psychologist and Reverend Moatoga Fa’asavalu of the American Samoa Methodist Church. I have also read the many letters of support from your wife, your younger children and brother-in-law. You are clearly much loved and admired.

Aggravating factors:

5. The aggravating factors of your offending are:
   • (a) premeditation. You knowingly had possession of the methamphetamine and utensil;
   • (b) you brought the methamphetamine across the border; and
   • (c) the prevalence of narcotics offending in Samoa. Relevant also is the increasing prevalence of methamphetamine possession and use, reflected in the increasing number of cases coming before the Courts.^[1]

Mitigating Factors:

6. There are no mitigating factors to your offending. I however accept that there are a number of mitigating factors personal to you. These are:
   • (a) your deep and genuine remorse;
   • (b) your prior good character;
   • (c) your personal circumstances; and
   • (d) early guilty plea.
7. I have accepted that a mitigating factor is your personal circumstances. You reside in American Samoa and your wife, children and support network are there. As I said in Police v Tauialo [2019] WSSC 68, I accept this mitigating factor with caution because in cases such as this involving the importation of Class A narcotics, discounts on this basis may encourage others not resident in Samoa to run the risk of importing these narcotics in Samoa. It could then undermine the deterrent effect of sentencing. However, there can be little doubt that foreign offenders can face additional difficulties due to the absence of their support networks.

Discussion:

8. Rupeni, you are very clearly a good man deeply loved by your family and those around you. Your wife and children speak of the impact of your arrest and being away from them as having left a void in their lives and how tough it has been. Two of your children are in school, one in 7^th grade and another in 10^th grade You are also clearly respected in the community. You work with the Football Federation of American Samoa as the Technical Director. Your appearance before this court for methamphetamine offending is clearly a significant fall from grace for you.
9. You were questioned during sentencing concerning your Pre-Sentence Report and you spoke about your social use of methamphetamine with your friends, something you said you had only begun to use in recent months or so. How a 55 year old man might begin to use methamphetamine is difficult to comprehend. You could not have been under any misunderstanding of the dangers of methamphetamine use. It is highly addictive, can cause serious harm physically and mentally and can be fatal. You could not have been under any misunderstanding of the risks to your family life from taking methamphetamine, not only because of the risks inherent in methamphetamine use but also the risks of being found in possession of this drug. You could also not have been under any misunderstanding about the potential consequences for you of bringing methamphetamine across the international border into Samoa - but you did so anyway.
10. Narcotics offending is very serious offending in Samoa, particularly serious is where it involves Class A narcotics such as methamphetamine. Methamphetamine is a scourge that has ravaged many foreign countries and has now found its way to Samoa. There should be little misunderstanding of the serious risks people run if they choose to bring methamphetamine into Samoa.
11. Prosecution seeks between 1 – 2 years sentence start point. Your counsel seeks a non-custodial sentence. The sentencing authorities show that whilst there have been a handful of non-custodial sentences imposed for methamphetamine possession, the preponderance of sentences have been custodial. In Police v Tuifao [2023] WSSC 19 involving 0.07 grams, a one year start point was adopted. In Police v Fialelei [2024] WSSC 122 involving 1.17 grams of methamphetamine, 2 glass pipes and a plastic straw, a 2 year start point was adopted. In Police v Ah Kuoi [2024] WSSC 102 involving 0.79 grams of methamphetamine, marijuana and utensils, a two year start point was adopted. In Police v Fialelei [2018] WSSC 102 (7 September 2018) involving 0.4 grams of methamphetamine and utensils, 34 week start point was adopted.
12. I have also had regard to non-custodial sentences in cases such as Police v Torres [2025] WSSC 3. Also an American Samoan resident, 0.83 grams of methamphetamine was found with the defendant as she was departing Samoa. A $2,000.00 fine was imposed for methamphetamine possession and other fines and costs imposed. A determinative factor was that the defendant was smuggling the methamphetamine out of Samoa. In Police v Afamasaga [2018] WSSC 118, a similar approach was adopted in relation possession of 1.9 grams of methamphetamine, 0.9 grams of marijuana, a non-custodial sentence was imposed for a variety of factors, including the defendant being a non-resident and having been in custody for 2 months. In Police v Leota involving 0.5 grams of methamphetamine, 2 glass pipes and a charge of threatening words, Nelson J took what he described as taking a “chance” with the defendant and imposing an 18 month supervision sentence, community work and fines. But non-custodial sentences are the exception rather than the norm. What distinguishes your case from these 3 cases is that you were found with possession of the methamphetamine in your possession as you were entering Samoa.
13. While the quantity of methamphetamine in your possession may not have been substantial in weight terms, it was sufficient for between three and six doses according to the research.^[2] As Samoa’s courts have said time and again, deterrence and denunciation is a key purpose to methamphetamine sentencing. That is the underlying purpose of today’s sentence. It is not only to deter you from re-offending in this way but more importantly, to deter others from following in your footsteps. Samoa should not be seen as a “soft touch” when it comes to the transit of illicit drugs through our borders, or as the ultimate destination for Class A narcotics by importers.^[3] Any person who thinks to bring into Samoa Class A narcotics as you have should clearly understand the real risks they face of imprisonment, and be prepared for the consequences.
14. Having regard to the authorities, I adopt an 18 months imprisonment sentence start point on the methamphetamine charge on a totality basis. I deduct 3 months for your deep and genuine remorse; 3 months for your prior good character; 3 months for your personal circumstances; and 3 months for your early guilty plea leaving an end sentence of 6 months imprisonment.

Result:

15. Accordingly, you are convicted and sentenced as follows less remand in custody:
    • (i) charge # 1 possession of methamphetamine, 6 months imprisonment less remand in custody; and
    • (ii) charge # 2 possession of utensil, 3 months imprisonment, concurrent.
16. On your return to American Samoa Rupeni, I urge you to undergo programs to change your life and break free from the hold of methamphetamine use. You clearly have a family that loves you deeply and a community that values your contribution. Don’t squander that love and place your relationship with your family and community at risk again. Partying with friends that use methamphetamine is not worth it, nor are those friendships

JUSTICE CLARKE

^[1] See also: Police v Mapu [2022] WSSC 56 (10 November 2022).
^[2] National Alcohol & Drug Knowledge Database, Australia
< https://nadk.flinders.edu.au/kb/methamphetamines/use-patterns/how-much-methamphetamine-do-australians-usually-use>; UNSW, “Methamphetamine: Forms and Use Patters
< https://ndarc.med.unsw.edu.au/sites/default/files/ndarc/resources/ICE%20FORMS%20AND%20USE.pdf>
^[3] See similar statements in New Zealand context in: Solicitor-General v Chien-Chuan Huang [2011] NZCA 436.