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Police v Faulalo [2014] WSSC 206 (10 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Faulalo [2014] WSSC 206

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FRAZER FAULALO male of Tafaigata Prison.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 10 December 2014

SENTENCE

1. Frazer appears for sentence on a charge of possession of narcotics. The narcotics being seven marijuana cigarettes and two branches. According to the police summary of facts which the defendant has admitted these drugs were found on him by the police while the defendant was serving a term of imprisonment at Tafaigata.
2. On the day in question because he was behaving strangely the police officers decided to search him. Inside a jacket he was wearing they discovered a red pall-mall packet with the seven rolled marijuana cigarettes. A search of his trousers revealed the two branches of marijuana in his pants pocket. Why the defendant thought these things could be carried around without being discovered by the police is a mystery to me. But the growing use of narcotics in Tafaigata Prison is to be soundly discouraged and is a trend that is increasing more and more and one that is of concern.
3. Imprisonment terms are required on inmates who use or deal in narcotics while serving terms of imprisonment to deter inmates from this sort of behaviour and so that their friends will know the consequences of such offending. What Frazer did was foolish and is only going to result Frazer in more prison time for you. Frazer is well aware of these things because he already has a long history of previous offending including previous convictions for possession of narcotics.
4. The maximum penalty now for possession of marijuana is 14 years in prison. A reasonably large quantity of drugs is involved in this case Frazer. That plus the fact that you have previous drug convictions mean a 4 start point for sentence is appropriate. I will deduct one-quarter of that term for your guilty plea. That is a period of one year leaves a balance of 3 years in prison.
5. In respect of this matter Frazer there are no other deductions you are eligible for. For the possession of narcotics convicted and sentenced to 3 years in prison, cumulative to your present term of imprisonment.
   

JUSTICE NELSON