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Police v Nuumalu [1999] WSSC 16 (13 September 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

PAULO NUUMALU
of Fagalii and Fugalei
Defendant

Counsel: Ms L. Tuala & Ms T. Potoi Vaai for the Prosecution
Defendant in person

Hearing Date: 30 August 1999
Sentencing Date: 13 September 1999

SENTENCING REMARKS OF WILSON J.

Paulo Tiumalu, you are a 28 year old Samoan man living with a de facto wife.

You are a fisherman by occupation. You have pleaded guilty to (and now stand convicted of) the crime of possession of narcotics.

On 23 August 1999 you were found to be in possession of 4 marijuana cigarettes. Apparently, you met a man at the Fugalei Market who asked you if you wanted “something”. You knew he was referring to marijuana, and you said, “Yes”. You then purchased a package for $5.00. You later rolled the contents into 4 marijuana cigarettes. Those four cigarettes were later located in your bag.

Whilst you have many previous convictions, you have none for drug offences. I can therefore treat you very much as if you were a first offender.

I have read the Summary of Facts and the pre-sentence report prepared by the Probation Service. I note the hardship to your family that would be caused if you were sent to prison. I note, in relation to the offence for which I must sentence you, that there was no commercial purpose. I listened to you as you spoke to me in mitigation of penalty.

You claim to be remorseful, and you promise “not to do this again”. Had you had extensive resources available to you, I would have ordered you to pay a fine in the order of $1,200.00. Having regard to what you say you can afford to pay, I propose to reduce the fine to $960.00, and in default - 20 days imprisonment.

If you pay that fine at the rate of $120.00 a month (which you offered), you will be able to pay $960.00 in 8 months. But you should understand that, if you do not pay $960.00 within 8 months, you will be called upon to go to prison for 20 days.

I hope you realise now that this was a serious crime that you committed.

JUSTICE WILSON