IN THE SUPREME COURT OF SAMOA
Police v Tuilagi [2025] WSSC 6 (20 March 2025)

Case name: 	Police v Tuilagi	
		
Citation: 	[2025] WSSC 6	
		
Decision date: 	20 March 2025	
		
Parties: 	POLICE (Informant) and DAVID TUILAGI a.k.a DAVID TUALAGI FAAGUTU (Accused)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Supreme Court - CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Tuatagaloa	
		
On appeal from:		
		
Order:	The accused is convicted and sentenced to as follows:
•	Possession of loose marijuana leaves – 24 months’ imprisonment;
•	Possession of 2 marijuana seeds – 12 months’ imprisonment;
•	Possession of utensil – 6 months’ imprisonment;
•	Possession of unlawful ammunitions – 12 months’ imprisonment.
All sentences are to be served concurrently, less any time in custody.  	
		
Representation: 	H. Apisaloma for Prosecution
Accused appears in Person	
		
Catchwords: 	Possession of marijuana leaves – possession of marijuana seeds – possession of unlawful ammunitions – possession of utensil – narcotics offending – Custodial sentence. 	
		
Words and phrases:		
		
Legislation cited:	Arms Ordinance 1960, section (1)(4);
Narcotics Act 1967, ss. 6(1)(b); 7 (1)(a); 13(b); 18(b).	
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

DAVID TUILAGI a.k.a DAVID TUALAGI FAAGUTU
Accused

Counsel:	H Apisaloma for Prosecution
		Accused appears in Person

Date:		20 March 2025

SENTENCE OF TUATAGALOA J
1. 	The accused is to be sentenced on the following charges:
•	Possession of loose marijuana leaves (14.18grams), a Class B narcotic which attracts the maximum penalty of 14 years’ imprisonment.
•	Possession of 2 marijuana seeds which also attracts the maximum penalty of 14 years.
•	Possession of utensil, a portable electronic scale for the purpose of commission of an offence attracts the maximum penalty of 7 years or a fine not exceeding $2000.
•	Possession of ammunition (45 twenty-two live round calibers) without a permit which attracts the maximum penalty of 2 years’ imprisonment or a fine not exceeding $2000. 
2. 	The accused is 48 years’ old of Togafuafua and Vaitele. At the time of the offending, he was living at Vaitele-uta.  He vacated his not guilty pleas on the date of hearing to guilty to all charges. 
3. 	The accused has previous convictions of similar narcotics offending in 2013 and 2016 and on both occasions served imprisonment terms. He has again re-offended nine-years later.
4. 	The summary of facts prepared by the prosecutions was read out and confirmed by the accused who at first denied being in possession of the portable scale that was found in one of the rooms of his house saying that a couple who he does not know stayed with him and his family in the room where it was found.  In his pre-sentence report, the accused shifted the blame of the marijuana substances and ammunitions on this couple. Asked whether he told the police about this couple and their whereabouts and he responded they have since left his home and he doesn’t know where they currently reside. I do not believe him. He was very shifty when asked questions about this couple.
5. 	The Prosecution recommends a custodial sentence with a starting point of 2 – 3 years’ imprisonment given the amount or quantity found of loose marijuana leaves. The amount of 14.18 grams is not a small amount considering that they are loose leaves and the 2 marijuana seeds suggests the intention of cultivation. For the offences under the Narcotics Act 1967 the Court will apply the totality approach. The Court finds 30 months starting point appropriate. The only mitigating factor is the change of plea but was at a later stage to which a 10% discount is given of 3 months. The Court further deduct 3 months for the genuine apology by the wife and of the person that the defendant is – kind and gentle. The end sentence is 24 months.   
6. 	For the possession of 45 unlawful live ammunitions under the Arms Ordinance 1960, appropriate is 12 months’ imprisonment 
7. 	The accused is convicted and sentenced to as follows:
•	Possession of loose marijuana leaves – 24 months’ imprisonment;
•	Possession of 2 marijuana seeds – 12 months’ imprisonment;
•	Possession of utensil – 6 months’ imprisonment;
•	Possession of unlawful ammunitions – 12 months’ imprisonment.
8. 	All sentences are to be served concurrently, less any time in custody.  

JUSTICE TUATAGALOA