Man to spend Christmas in jail
An intoxicated man who was out clubbing in Apia and assaulted a police officer when he was taken to the Police Station will be spending Christmas in prison this year.
Opetai Isaako Siliva of Seesee and Vaimoso was charged with four charges namely possession of narcotics, common assault and insulting words connected to an incident in October 2023 at Club 75.
He pleaded guilty to the charges in October.
According to the summary of facts, the police bike unit was on their usual patrol around Sogi and Mulinuu area on 14 October 2023.
The defendant came out of the club intoxicated and touched one of the bikes and when one of the officers told him off he became angry and swore at the policeman.
As police officers tried to calm him down he grabbed one of the officers' shirts and ripped it on the left side.
Police managed to take him to the main Apia Post where the officers again tried to calm him down as he was becoming a nuisance.
Siliva continued to resist and kicked one of the officers' mouth, the Court heard.
Police subsequently searched him and found him in possession of a marijuana branch.
In his pre-sentence report the defendant claimed an officer grabbed him by the collar and he responded by trying to free himself.
Supreme Court Justice, Fepuleai Ameperosa Roma considered the aggravating factors for the defendant which pointed to his previous convictions of causing grievous bodily harm where he was sentenced to 18 months supervision.
He also has previous convictions for possession of narcotics.
Justice Roma in handing down sentence for Siliva last week said a custodial sentence is appropriate for the offending.
He adopted 12 months as the appropriate starting point on the lead charge of possession of narcotics and added another six months for his previous convictions.
He deducted time for the defendant’s early guilty plea and handed down an end sentence of eight months imprisonment.
On the charge of possession of narcotics Siliva was convicted and sentenced to eight months imprisonment, four months for common assault charges with sentence to be served concurrently and less time already spent in custody awaiting sentencing.