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Police v Luatolo [2006] WSSC 27 (12 May 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

MOSE LUATOLO
male of Faleatiu and Siumu.
Accused

Counsel: A Lesa for prosecution
Accused in person

Sentence: 12 May 2006

SENTENCE

The charge

The accused is charged under ss.7 and 18 (2) (a) of the Narcotics Act 1967 with knowingly being in possession of narcotic substances which carries a maximum penalty of seven years imprisonment. The accused has pleaded guilty to the charge at the earliest opportunity.

The offending

On Thursday morning, 2 March 2006, the accused was at where the fishing boats anchor next to the Fish Market in Apia. He was suspected by the police of being in possession of marijuana substances. When the police searched the shopping bag he had, it was found to contain 83 dried branches of marijuana averaging between 6 and 40 centimetres in length. The bag also contained dried marijuana leaves.

The accused told the Court and the probation service that he is employed on fishing boats. At one time when a fishing boat on which he was working as a seaman docked at Rarotonga in the Cook Islands, a Rarotongan man asked him for supplies of marijuana because he has arthritis. In consequence, the accused said that he has been buying marijuana supplies in Samoa for this man at Rarotonga every time he is to travel to Rarotonga on a fishing boat

The accused said he would buy marijuana from suppliers in Samoa and then sell them in New Zealand currency to the man in Rarotonga. If this story is true, then the accused was clearly in possession of the marijuana substances with which he has been charged for a commercial purpose. He was effectively dealing in marijuana substances. And it appears from the pre-sentence report prepared by the probation service that the accused has been dealing in marijuana substances for six to seven years whilst employed as a seaman on fishing boats.

The accused

The accused is a single 27 year old male form Siumu and Faleatiu. He works as a seaman on fishing boats. This is his first appearance in Court.

Mitigating circumstances

The only mitigating circumstance in this case is the accused’s plea of guilty at the earliest opportunity.

Aggravating circumstances

The quantity of marijuana substances found in the accused’s possession and the fact that the accused was in possession for a commercial purpose are aggravating circumstances. Marijuana related offences are also by far the most prevalent type of offence in the community so that deterrent sentences are normally imposed for this type of offending.

The decision

Having regard to the mitigating and aggravating circumstances as already set out, the accused is convicted and sentenced to 15 months imprisonment. This sentence is to commence from 3 March 2006 when the accused was first remanded in custody.

CHIEF JUSTICE