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Police v Asuelu [2002] WSSC 31 (29 August 2002)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

ASUELU
Defendant

Counsel: Ms F. Vaai-Hoglund & Ms A. Faasau for prosecution
Defendant appear in person

Sentence: 29 August 2002

SENTENCING REMARKS OF JUSTICE COOPER

Asuelu, you now appear for sentence having pleaded guilty to a charge of possession of narcotics, namely marijuana.

On the 17th November 2000, you were apprehended at the RSA Night Club in possession of a small bag of marijuana. You have two previous convictions for drug offending. Firstly in 1998, possession of narcotics and secondly in 1998, cultivation of narcotics. On those two charges you received sentences of twenty (20) months imprisonment. One would have thought that would be a lesson to you.

The probation report tells me that you were living in a de facto relationship, that you have no children and that you have had an unsettled family upbringing. The aggravating factors of your case are your previous convictions for drug offending. But in your favour you are entitled to credit for your plea of guilty and acceptance of responsibility for your actions.

I also take into account the fact that the amount of marijuana involved was relatively small.

The appropriate sentence in your case would have been two (2) months imprisonment but I deduct from that the one (1) month that you spent in custody and you will now be sentenced to one (1) month imprisonment.

JUSTICE COOPER