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Police v Filivae [2010] WSSC 10 (1 March 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

IESE FILIVAE,
male of Faleapuna and Falefa.
Defendant

Counsels: Mr M. Lemisio for the prosecution
Defendant unrepresented

Sentence: 1 March 2010

SENTENCE

Iese appears for sentence on two charges, one of possession of 87 cigarettes of marijuana plus two dried branches of marijuana plus assorted loose leaves of marijuana inside a plastic shopping bag. The offence carries a maximum penalty of 7 years in prison. The drugs were found on the defendant at Piula when he was searched by the police and were found in his back pack. It also appears from the summary which the defendant has admitted that earlier he had used another 16 marijuana cigarettes to buy a bottle of alcohol from a shop at Fusi Saluafata. I am sure the bottle of alcohol was not for his mother or his wife whom he referred to his mitigation plea. And that has resulted in a second charge against him of giving 16 cigarettes of marijuana to the shopkeeper of that shop. That offence likewise carries a 7 year maximum.

The defendant is a 47 year old male of Falefa and Faleapuna. He is a mature individual and I have no doubt Iese you knew exactly what you were involved in. This is a considerable quantity of drugs and there is no doubt that this gentleman is in the business of distribution of narcotics for profit. Iese you are a drug dealer. This court has repeatedly stated that the penalty for dealers will be particularly heavy because this court is trying to stamp out the drug problem in our community. This is the same community that your own children live and grow up in.

In earlier cases in particular Police v Siliga (8 May 2009) this court said that casual users of marijuana will not be treated the same as those who deal and sell it for profit. Those who deal in, distribute and grow narcotics can expect stiff sentences with two to three years imprisonment as an appropriate starting point.

Given the quantity in this case I will take 3 years as the start point. I deduct ⅓ or a period of 12 months for your guilty plea, and I deduct the period of 6 months for your first offender status and the other factors in your favour that I may have overlooked. For the primary charge of possession of 87 cigarettes et al you are convicted and sentenced to 18 months in prison. On the second charge of supplying 16 cigarettes you are convicted and sentenced to 4 months in prison. Terms to be served concurrently. Any remand in custody time that the defendant has been subjected to is to be deducted from this sentence.

JUSTICE NELSON