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Police v Walter [2013] WSSC 19 (26 April 2013)

SUPREME COURT OF SAMOA

Police v Walter [2013] WSSC 19

Case name: Police v Walter

Citation: [2013] WSSC 19

Decision date: 26 April 2013

Parties: Police and Joseph Walter

Hearing date(s):

File number(s): S389/12 and S390/12

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Vaai

On appeal from:

Order: (Sentence)

Representation:
Edelma Niumata for prosecution

Accused in person

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

A N D:

JOSEPH WALTER male of Vailoa-uta Faleata

Accused

Counsel: Edelma Niumata for prosecution

Accused in person

Sentence: 26 April 2013

S E N T E N C E

1. On the afternoon of the 21^st October 2011 the police received a telephone call from an informant that cannabis were being sold on the land occupied by the defendant and others. Police responded promptly and went to the land without a search warrant.
2. Upon their arrival the police were met by one of the defendants Pese, the stepfather of the defendant Joseph. Police proceeded to search the land and buildings. One of the defendants, Leemo, was seen running towards the nearby bushes with a black bag. One of the police officers chased her and retrieved the black bag which another defendant, Violina, snatched and ran to the rear of the house. Police gave chase and retrieved the bag.
3. Defendant Violina is the mother of the defendant. Leemo is the wife of the defendant.
4. When the police opened the black bag they counted 118 marijuana joints and 1,000 marijuana seeds. Eleven marijuana plants were growing near the house occupied by the defendants Joseph and Leemo. One marijuana branch was also discovered in the hut of the defendant and his wife Leemo.
5. Defendants Leemo and Violina have been given custodial sentences following their guilty pleas to charges of possession of narcotics. Violina was sentenced to 3 years and Leemo to 2 years and 3 months.
6. The defendant Joseph is appearing for sentence on both possession and cultivation of narcotics. Maximum sentence for each offence is 14 years imprisonment.

The defendant

7. The defendant is 25 years old. At the time of the offending he and his wife Leemo had a 3 week old child. He is a first offender.

Aggravating Factors

8. The large quantities of cannabis substances discovered in the bag is a strong indication that the seeds were intended for cultivation and the marijuana joints were intended for sale. Indeed, the information received by the police which prompted the search of the defendant’s land and house was that marijuana substances were sold at the defendant’s premises.
9. Cultivation of cannabis is at the root of the illicit drug offending.

Mitigating factors

10. He is a first offender. At the time of the offending he was in steady employment which also means he was away from the house most of the time.
11. I will also allow reduction for his guilty plea but he will not be entitled to the full benefit because the guilty plea was delayed. It was given on the 9^th November 2012, the day the defended hearing was due to commence.

Prosecution’s Submissions

12. The prosecution suggests a starting point of 3 ½ years imprisonment with the resulting actual sentence of not less than 12 months.

Discussion

13. In setting a starting point, I take into account that he was in full employment and away from the land most of the time, which strongly suggests he knew of the existence of the cannabis plants and substances but he was probably not actively involved in their cultivation and dealings.
14. Nonetheless, the maximum sentences imposed by law for possession and cultivation is 14 years which indicates the concern of society about the high level of prevalence of this type of offending which justifies the need for deterrent sentences.
15. Considering the aggravating and mitigating factors of the offending I take 3 years as the starting point. For his previous good character I deduct 12 months and for his guilty plea I deduct another 12 months.
16. On the charge of possession he is sentenced to 12 months imprisonment; and for cultivation he is also sentenced to 12 months imprisonment. Both sentences to be served concurrently. Any time he spent in custody shall be deducted from the 12 months imprisonment.
    

JUSTICE VAAI