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Police v Falaniko [2011] WSSC 62 (14 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

PINATI FALANIKO, male of Nofoalii.
Defendant

Counsels: Ms R Titi and Ms F E Niumata for prosecution
Defendant unrepresented

Sentence: 14 March 2011

SENTENCE

The summary of facts which the defendant has admitted states as follows: he is a 24 year old male of Nofoalii, single and unemployed. On Friday 18 February this year while the police were patrolling the Fugalei Market area they received an anonymous tip that the defendant was in possession of narcotics. The defendant was described as carrying a white back-pack and wearing a white long sleeved shirt and knee length black trousers and black shoes. The police were also told of the exact spot where they would find the defendant. Based on such precise information they had little difficulty finding the defendant. They approached him and informed him they were going to search him because they had reasonable cause to believe he was in possession of narcotics.

The back-pack was first searched and inside it was a plastic bag containing 16 branches of marijuana and 115.3 grams of loose leaves of marijuana. As well there were 50 marijuana seeds. The police also searched the defendant and inside one of his pants pockets they found 1 branch of marijuana. As a result of this search the police charged the defendant with possession of 16 small branches of marijuana, loose leaves weighing 115.3 grams and 50 marijuana seeds. There is no separate charge in relation to the one branch found in his pants pocket. To this charge the defendant has pleaded guilty and for which he today appears for sentence.

This court has stated on previous occasion and will say it again. The Parliament of this country recently increased drug penalties from 7 to 14 years which show its concern in relation to the growing drug problem. The court has been well aware of the problem for many years and of the growth of the drug trade in this country. A trade which will as time goes on more and more impact adversely on life in this community. A trade that has seen harder drugs enter into the market namely, ice and cocaine. Now being accompanied by firearms offences which people who sell drugs use to protect their drug industry. It is only a matter time before drug killings emerge in this community. These are the lessons from overseas jurisdictions which are plain to anyone who turns on a television set. We must learn them well before it is too late. The main culprits in the drug trade are people like this defendant who make a living out of selling marijuana instead of finding other ways to make an honest tala. This is why the court has been and will continue to be severe on drug dealers, drug pushers and those who "kulei" drugs such as this defendant. Who was found in the Fugalei Market area with a substantial quantity of narcotics.

As a start point for this case, I use the same start point as applied in other narcotics cases involving commercial dealers namely one half of the maximum, a period of 7 years. From that I deduct a one-third deduction for your guilty plea because you have saved the courts time Pinati and its resources. That leaves a balance of 56 months. From that I deduct 12 months because this is your first court appearance and hopefully will be your last. That leaves a balance of 44 months. There are no other deductions for which you qualify Pinati, you are convicted and sentenced to 3 years 8 months in prison for this offence. Your remand in custody time is to be deducted.

............................
JUSTICE NELSON