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Police v Stanley [2025] WSSC 53 (4 June 2025)

IN THE SUPMREME COURT OF SAMOA
Police v Stanley [2025] WSSC 53 (4 June 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

IOANE STANLEY (a.k.a) JOHN STANLEY male of Sinamoga and Se’ese’e

Defendant

Counsel: J. Leung Wai for Prosecution

L. Sio for the Defendant

Sentence: 4 June 2025

SENTENCE

1. You appear this afternoon for sentence on five charges:
   • (i) possession of marijuana which attracts a maximum penalty of fourteen years imprisonment;
   • (ii) possession of utensils which carries a maximum penalty of seven years imprisonment;
   • (iii) two counts of possession of an unlawful weapon, each with a maximum penalty of five years imprisonment; and
   • (iv) possession of unlawful ammunition, the maximum penalty is five years imprisonment.
2. The record shows you had denied the charges, but vacated your not guilty pleas substituted by guilty pleas to all five on the 2nd April 2025 when the hearing was to take place. On the same day, the one charge against your co accused was withdrawn and dismissed by the court.
3. According to the police summary which you admit through counsel, on the 17th July 2024, police responded to reports that a group of individuals including you were suspected of selling and distributing narcotics from a property at Se’ese’e. When police approached the location, they were directed to the specific house by their informant. They found you and two other individuals inside a samoan fale. They informed you of the nature of their visit and reason for the search, which you all acknowledged. Police then commenced the search of the property and discovered;
   • (i) 8 marijuana cigarettes each wrapped in white rolling paper;
   • (ii) one glass pipe and one plastic straw typically used for smoking methamphetamine;
   • (iii) 117 small empty clear zip lock plastic bags;
   • (iv) one scale;
   • (v) one 38 pistol revolver;
   • (vi) one 22 calibre pistol revolver; and
   • (vii) five live rounds of 22 calibre ammunition.
4. You were then arrested and taken by police to the main station where you were charged. You admit your offending in the presentence report and through the submission of your counsel.
5. The aggravating features of your offending are:

(i) the number and nature of accompanying charges – other than the 8 marijuana cigarettes, there are 2 counts of possession of an unlawful weapon; one of possession of unlawful ammunition; and one of possession of utensils;

(ii) the circumstances of the offending – the presence of utensils, a scale, zip lock plastic bags, unlawful firearms and ammunition, in my view strongly suggest an element of the dealership;

(iii) the prevalence of drug offending.

6. In mitigation of penalty I consider:
   • (i) your guilty pleas to the charges;
   • (ii) your personal circumstances - From the material before me, you are 45 years of age and a father of two children. You are divorced and your ex-wife and two children now live in Fiji. For three years now, you have been in a relationship with your co accused against whom charges were withdrawn. You have had a reasonably good education and subsequently employment with the Ministry of Health and Ministry of Agriculture and Fisheries from which you resigned because of chronic gout. You were also a talented rugby player, having represented Samoa at Samoa A level in the fifteen’s game and the National Sevens team. Your partner describes you in the presentence report as a hard working man. You run a lawn mowing business to support your family. You admitted to Probation having used marijuana and meth when offered by friends. You are a first offender, though you have been in custody on subsequent charges to be determined by the court.
7. For many years the courts have as a matter of practice sentenced offenders of drugs offending to imprisonment except in exceptional circumstances. The impact of drug offending on the community has always been an important consideration, as evident not only in that practice but the increase of the maximum penalty for possession of marijuana to fourteen years imprisonment in recent years.
8. I find that no exceptional circumstances exist in your case to warrant a departure from that practice.
9. Your counsel submits that the 8 cigarettes of marijuana were for your personal use. I would have been inclined to accept counsel’s submission had they been the only items found in your possession. Counsel also invited the court to consider a non custodial sentence of supervision as imposed in the cases of Police v. Pati [2016] WSSC 119 (15 June 2016); Police v. Tuese [2018] WSSC 8 (30 January 2018); Police v. Fuiava [2018] WSSC 11 (13 February 2018) and the unreported cases of Police v. Joe Salapo (3 May 2019) and Police v. Evile (17 June 2019).
10. Whilst I accept that the quantity of marijuana in your case is relatively smaller than in some of those cases, I consider significant that in each of the cases referred to by counsel, the defendant was sentenced on just one count of possession of marijuana. None faced any accompanying charges of possession of unlawful weapon, possession of unlawful ammunition and possession of utensil as you do.
11. Coming back to your case, I consider in totality the circumstances of your offending - the quantity of marijuana cigarettes, the presence of utensils and a scale, and two unlawful firearms and ammunition, usually associated with drug trade.
12. I consider as Slicer J said in Police v. Faisauvale [2010] WSSC 83 that “the combination of commercial involvement in narcotic and possession of firearm require a significant penalty”. I have also considered the cases cited by prosecution, and in my view a custodial sentence with a start point of two years and eight months is appropriate on the lead charge of possession of marijuana.
13. From the term of two years and eight months I deduct six months for your personal circumstances, including your first offender status; and eight months for your guilty plea. The end sentence on the charge of possession of marijuana is eighteen months imprisonment.
14. You will serve the following sentences:
    • (i) On the one count of possession of marijuana, you are convicted and sentenced to 18 months imprisonment;
    • (ii) On the one count of possession of utensils, you are convicted and sentenced to 9 months imprisonment;
    • (iii) On the 2 counts of possession of an unlawful weapon, you are convicted and sentenced to 14 months imprisonment on each charge;
    • (iv) On the one count of possession of unlawful ammunition, you are convicted and sentenced to 12 months imprisonment.
15. All will be served concurrently, meaning you will serve 18 months imprisonment. Time that you have spent in custody since the 2nd April 2025 when you vacated your denial and entered guilty pleas to the charges will be deducted.

JUSTICE ROMA