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Police v Tomasi [1999] WSSC 27 (13 December 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

ENELIKO ALO TOMASI
of Falealupo
Defendant

Counsel: Ms L. Tuala for the Prosecution
Mr S. Toailoa for the Defendant

Sentencing Date: 13 December 1999

SENTENCING REMARKS OF WILSON J.

You are a 22 year old single Samoan fisherman and planter from Falealupo.

Your are represented by Mr Toailoa.

You pleaded guilty to the crime known as ‘possessing narcotics’. You now stand convicted of that crime.

On 15 November 1999 at Salelologa you were found knowingly to be in possession of a very small quantity of marijuana leaves given to you by Afoa Enele Aumua.

I have read the summary of facts, which your lawyer tells me, is in accordance with your instructions to him.

I have read the pre-sentence report prepared by Probation Service and reference by Rev. Nimo Peseta.

Drug offending is regarded very seriously by the law and by the people in the general community. Drug offending can bring with it heavy punishment.

But, in your case, the amount of marijuana was very small, it was for your own use, there was no evidence of an intention to make a commercial profit; and, most importantly, you are a first offender which entitles you to leniency.

I take into account your plea of guilty at an early stage

The sentence of the Court is that you be fined $200.00, in default 4 days imprisonment. Time to pay : 6 weeks to pay.

JUSTICE WILSON