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Police v Poliko [2008] WSSC 13 (17 March 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TINOMALU POLIKO
male of Vaiusu.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: L M Sua-Mailo for prosecution
Accused in person

Sentence: 17 March 2008

SENTENCE

The charge

[1] The accused appears for sentence on one charge of being in possession of narcotics, which carries a maximum penalty of 7 years imprisonment. To the charge, the accused pleaded guilty at the earliest opportunity.

The offending

[2] As it appears from the amended summary of facts confirmed by the accused, on Friday afternoon 9 November 2007 around 1pm, a police officer saw a young boy standing beside the accused at the Fugalei market waving around what appeared to be a small plastic bag.

[3] The police officer made his way towards the accused and the young boy. Upon seeing the police officer approaching, the young boy took off and fled the scene whilst the accused moved to a nearby stall where he stashed his white stripe bag.

[4] The police officer apprehended the accused, confiscated the bag and searched it. He found the bag to contain eighty eight (88) small plastic bags of marijuana leaves which are estimated to be 2 x 3 inches. The total weight of the marijuana leaves was 106.3 grams.

[5] The accused was then escorted into a police vehicle where he tried to bribe the police officer by offering the officer $100 to release him but the police officer refused the bribe.

[6] The purpose for which the accused was in possession of marijuana does not appear from the summary of facts. Perhaps, police investigation could not identify the purpose.

The accused

[7] According to the summary of facts, the accused is a 47 year old male of Vaiusu. He is single and unemployed.

[8] The accused has a previous conviction for possession of narcotics in 2004 and a previous conviction in 2006 for an offence not related to narcotics. So he is not a first offender.

Aggravating features

[9] The quantity of marijuana substances found in the accused’s possession, the fact that the accused tried to bribe the police officer who apprehended him in order to release him, and the accused’s previous conviction for possession of narcotics are the aggravating features in this case.

Mitigating features

[10] The only mitigating feature in this case is the accused’s plea of guilty to the charge.

The decision

[11] Having regard to the aggravating and mitigating features as well as the prevalence of this type of offending within the community, the accused is convicted and sentenced to 10 months imprisonment.

[12] The period of time during which the accused has been remanded in custody from 9 November 2007 until 16 March 2008 is to be deducted from that sentence. So the accused has 5 months and 3 weeks of his sentence to serve.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for prosecution