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Police v Sefo [2014] WSSC 116 (24 February 2014)

IN THE SUPREME COURT OF SAMOA
Police v Sefo [2014] WSSC 116

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

PETELO SEFO, male of Malie and Taufusi.
Defendant

Counsel: G Nelson for prosecution
Defendant unrepresented

Sentence: 24 February 2014

SENTENCE

1. Defendant appears for sentence for being in possession of five marijuana cigarettes at the Savalalo Flea Market on 7^th of January this year. The police summary of facts which he has accepted says that he is 22 years of age from Malie living in Taufusi and sells hand printed lavalavas.
2. On the day in question he was approached by two police officers who were off duty and having breakfast at the market. Officers had been given information that the defendant was selling marijuana. They approached the defendant and asked him if he had anything “pe maua se mea”. And the defendant happily replied “o lea e maua, e fia le lua fa’atau?” He pulled out a large packet of Pall Mall and took out two cigarettes and gave it to the off-duty police officers. Inside the packet were three more marijuana cigarettes. The police officers immediately arrested the defendant and handed him over to on-duty officers at the Savalalo Market. This has led to the defendant pleading guilty to the charge of possession of five cigarettes.
3. This morning Petelo petitioned the court for an “avanoa” but Petelo has already been given an “avanoa”. His record reveals that in February 2009 he was convicted in the District Court of various offences and given a suspended sentence. Two months later in April 2009 he was back before the court, this time the Supreme Court on a charge of possession of narcotics. He was found on that occasion to be in possession at the Fugalei Market. Again the court did not send Petelo to jail it gave him an “avanoa” and another suspended sentence.
4. E atagia mai fa’amaumauga na a le fa’amasinoga Petelo e le tasi le avanoa na tu’u atu e le fa’amasinoga ia oe. O lea ua lua avanoa e tu’u atu ia oe. Ia o le mea mo’i a ua uma foi i i ou avanoa. O lea lava e maitau atu o lea lava e te a’afia i mataupu tau laau fa’asaina. Ua ese loa se fa’aiuga ua tatau ona fa’ata’atia atu e le tulafono i lau susuga.
5. In respect of this offence a personal deterrence to Petelo is required in addition to the general deterrent penalty for drug offenders. Considering the quantity and other circumstances of his offending he will be convicted and sentenced to 24 months in prison. But I will reduce that Petelo to 18 months because of your guilty plea to the charge. I will order that your time in custody awaiting sentence is to be deducted from that sentence.
   

JUSTICE NELSON