IN THE SUPREME COURT OF SAMOA
Police v Kelemete [2014] WSSC 117

Case name: 	Police v Kelemete	
		
Citation: 	[2014] WSSC 117	
		
Decision date: 	26 February 2014	
		
Parties: 	Police (Prosecution)
Filipo Kelemete, male of Nofoalii and Vaitoomuli Palauli. (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 	S95/14, S96/14	
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	1.	You will be convicted on the charge of possession of the seeds information S95/14 and sentenced to 6 months in prison.  Remand in custody time to be deducted. 
2.	On the second charge of possession of half a marijuana cigarette he is convicted and discharged without penalty.  	
		
Representation: 	G Nelson for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	FILIPO KELEMETE, male of Nofoalii and Vaitoomuli Palauli.
Defendant

Counsel:	G Nelson for prosecution
Defendant unrepresented

Sentence:	26 February 2014

SENTENCE
3.	Defendant appears for sentence on a charge that he was found in possession of half a marijuana cigarette and 102 marijuana seeds.  The defendant says that the seeds were old seeds lying around his “atopa’u” (suitcase).  Filipo whether they are old seeds or new the point remains you were found in possession of the seeds.  
4.	And I am sure you have heard the sentencing policy of the court in relation to people who are involved in marijuana.  Especially in relation to those who grow the crop.  The only reason you had these seeds was to grow marijuana.  I accept that this does not mean you were necessarily growing marijuana for sale.  So the court can exercise some leniency in relation to your matter Filipo.   
5.	A’o le fautuaga a le fa’amasinoga Filipo aua e te toe a’afia i mataupu fa’apenei ma aua e toe tagofia ia nei mea o le marijuana, matuai leai a ma se lumana’i.  Aemaise o lea e iai lau fanau ma le tou aiga e fa’amoemoe i lau susuga.  Ona e telē ia fainumera o fatu lea na maua i lau susuga e tatau ona fa’ata’atia atu se fa’asalaga fa’afalepuipui.  O lea o le a fa’amama atu le fa’asalaga ona o tulaga ia.  Muamua o lea fa’atoa aumai oe i le tulafono i mataupu fa’apenei.  Lona lua o lea ua e ioe ua sefe ai foi le taimi a le fa’amasinoga.  Lona tolu ia o lea ua talia lau fa’atoesega ma lau fa’aaliga ua maua le lesona lelei ia oe i lenei mataupu.  Atonu mo le agai i le lumana’i e te le toe tula’i i se mea fa’apenei.  
6.	In respect of this matter I take into account the defendants apology, his good background as per the probation report and his guilty plea.  An appropriate start point for sentence would be 12 months in prison.  For his guilty plea I deduct one quarter of sentence namely 3 months leaves a balance of 9 months.  I will deduct a further 3 months to reflect his background and clean record.  Leaves a balance of 6 months.  
7.	You will be convicted on the charge of possession of the seeds information S95/14 and sentenced to 6 months in prison.  Remand in custody time to be deducted. 
8.	On the second charge of possession of half a marijuana cigarette he is convicted and discharged without penalty.  

JUSTICE NELSON