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Police v Tasi [2008] WSSC 56 (28 July 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

TASI TASI
male of Vaiusu-tai and Leauvaa
Accused in Person

Counsel: Mr Patu for prosecution
Accused in person

Sentencing Date: 28 July 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on the charge of possession of narcotics for which you are liable to 7 years imprisonment.

Marijuana related offences are very common and normally the penalty to be imposed must always be custodial to deter this very common offence. You told the police that the marijuana that was found on you was supplied by a Faleatiu man and you were to sell them and give the money back to that man. But you told the probation service a different story. You told the probation service that your cousin from Faleatiu by the name of Fatuloa provided the substances that you requested for your party with your friends. Whatever is the true version, the probation report and the summary of facts tells me that you were a supplier and you were making a living out of selling drugs. And you also told the probation service you did not know how the police found out about you being in possession of those drugs. I will now tell you what happened because I signed that warrant to search your house. It was your neighbours and members of your village who obviously knew about your trade that you were doing at Vaiusu who informed the police. Which tells me that you have been in this trade for sometimes.

The amount of drugs that were found in your house when you were searched was quite significant. There were two marijuana plants, 2 branches of marijuana and 702 seeds of marijuana. The probation service speaks highly of you as a very supportive son for your elderly mother and a supportive father for your wife and family. The same report speaks of you as a committed member of your church as evidenced by a testimonial from the Catholic priest. But the summary of facts and your previous convictions and the probation report also tells me that you are also committed to your supplier of drugs and to your trade of selling drugs. The quantity of drugs and the nature of your trade warrant a custodial sentence.

I take into your favour the fact that you entered a guilty plea at the earliest opportunity to this offence. For that reason I will deduct three months from the twelve months period that I intended to impose. You will serve nine months imprisonment.

JUSTICE VAAI