IN THE SUPREME COURT OF SAMOA
Police v Suliveta [2025] WSSC 84 (25 June 2025)

Case name: 	Police v Suliveta 	
		
Citation: 	[2025] WSSC 84	
		
Decision date: 	25 June 2025	
		
Parties: 	POLICE (Informant) v SULIVETA SULIVETA, male of Leonē Apia, (Accused)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Leiataualesa Daryl Clarke 	
		
On appeal from:		
		
Order:	-	 Accordingly, after having regard to your remand in custody, you are convicted and sentenced to 9 months’ supervision and directed to:
-	attend the Salvation Army Program of not less than 6 weeks or such similar program as determine by the Probation Service; and
-	you are to carry out 80 hours of community work as directed by the probation service.    	
		
Representation: 	R Fong for Prosecution
Defendant self-represented	
		
Catchwords: 	possession of narcotics namely one marijuana cigarette.	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

SULIVETA SULIVETA, male of Leonē Apia.

Defendant

Representation:	R Fong for Prosecution
Defendant self-represented

Sentence:	25th June 2025

ORAL SENTENCE
The Charge:
1. 	Suliveta, you appear for sentence on one charge possession of narcotics namely one marijuana cigarette. The maximum penalty for the charge is 14 years’ imprisonment.  
The Offending:
2. 	According to the Prosecution Summary of Facts which you have accepted, on the 27th April this year at around 5am, police received information that you were suspected of being involved in narcotics in front of Club 75 at Sogi. Acting on that information police went to Club 75, you were arrested and taken to Apia Police Station. A body search was conducted and police found 1 marijuana cigarette weighing 0.63grams on you. You accepted that it was marijuana. 
Background of the Accused:
3. 	You are a 19 year old male of Leonē Apia and are unemployed. According to the Alcohol Assessment report on file, you remain at home helping with the preparation of food and gathering of fafie. You say you began using marijuana at school at the age of 12. You stopped using marijuana for a period but then start it again when you returned to Leonē to live with your parents. 
4. 	You have confirmed prior convictions for breach of conditions and possession of utensil. For the possession of utensil charge you were imprisoned for 7 months. 
Mitigating Features:
5. 	In terms of the mitigating features I take into account are your youth and guilty plea. 
Aggravating Factors:
6. 	In terms of aggravating factors, I take into account your prior convictions for similar offending namely the possession of utensil. 
Discussion:
7. 	Suliveta, I’m not sure if there is much I can say to you that other judges have not already told you. At just 19 years of age, you are well on the way to wasting your life in prison and being no use to anyone. On the 28th November last year you were convicted and sentenced to 7 months’ imprisonment for possession of a utensil. You came out of prison and immediately went to the Club 75 area where you were arrested at 5.00am in the morning suspected of involvement in drugs. 
8. 	Like so many youths from Leonē, the path you have chosen for yourself will only lead to Tanumalala Prison. You appear to have been to various programs but are back before the court. Only you can change your life. I see from the ADC report that you say that older prisoners have told you to do something useful with your life while you are still young. I hope you listen to the older prisoners who are wasting their lives away in that prison. Because you are following in their footsteps. As I said only you can make that choice to change your life Suliveta. If you continue to mix with the wrong crowd and go out and hang around night club areas late at night and have the wrong influences in your life, you will only continue to go to prison. You have also heard from your mother this afternoon. You can see the great pain and hurt that you have caused her by what has happen to you and by your continued conduct. I hope that having heard from her that will give you some encouragement to change your life. But as you also heard from her, event her has her limit with your behaviour.  
9. 	You said in your Alcohol and Drugs Report that you would like another chance in order to secure a better future. I have my doubt that you are really committed to make that change but I’m going to give you a chance to prove me wrong. And I hope I am wrong. You are 19 it seems on paper at least you have a supportive family and it is never too late to change. You have also been remanded in custody for two months. 
10. 	The sentence I impose today will focus on your rehabilitation and hopefully change. You will be sent to do some community work and programs. You should make the most of this opportunity. You should have little doubt that should you continue to come back before the court for similar offending, the court will have little hesitation but to send you back to Tanumalala Prison. 
Result:
11. 	Accordingly, after having regard to your remand in custody, you are convicted and sentenced to 9 months’ supervision and directed to:
(i) 	attend the Salvation Army Program of not less than 6 weeks or such similar program as determine by the Probation Service; and
(ii) 	you are to carry out 80 hours of community work as directed by the probation service.    
JUSTICE CLARKE