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Police v Leala [2014] WSSC 92 (15 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Leala [2014] WSSC 92

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

PISUA LEALA, male of Mulifanua.
Defendant

Counsel: L Sio and G Nelson for prosecution
Defendant unrepresented

Sentence: 15 January 2014

SENTENCE

1. The defendant has pleaded guilty to having in his possession two branches of marijuana and 61 marijuana cigarettes. The police summary of facts which the defendant has admitted states that he is a 23 year old male of Mulifanua and Fusi unmarried unemployed. His probation office pre-sentence report indicates that like all young males he renders tautua or he looks after his parents and aiga. Defendant also told the probation office that he sells marijuana for a living. And that he has been a consumer of marijuana for many years as a means of “faamalositino” (strength).
2. On the day in question the defendant was seen by two men of his village of Mulifanua in possession of a branch of marijuana. The men called the police and the police apprehended the defendant. At the time he was apprehended one of the men saw the defendant throw away a plastic bag. The plastic bag was retrieved by the police and was found to contain the 61 marijuana cigarettes. The defendant was searched at the Faleolo Police Post and a second branch of marijuana was found in his pants pocket. During his interview by the police the defendant admitted to owning the plastic bag of marijuana as well as the two branches.
3. Possession of marijuana is one of the most prevalent offences in modern Samoa. Because it is harmful to our society many village councils make it a village offence to grow, sell or possess marijuana. That is why the two men of the defendants village reported him to the police and to his village council. The Alii and Faipule of the defendants village has fined the defendants family and payment of this has been confirmed by the pulenuu to the probation office. The police have now brought the defendant before the law to be dealt with.
4. The court has a sentencing policy in relation to people who sell drugs for a living. It is very plain and it is very simple. It sends people who sell narcotics including marijuana for a living to prison in an effort to deter the defendant himself from been involved in future with marijuana. And to send a message to our people and our community that if you involve yourself in marijuana or sell or deal in marijuana you will likely end up in prison. Parliament has recently increased the penalty for possession of marijuana from 7 to 14 years in prison. That is the maximum penalty that Pisua faces.
5. Considering all circumstances in particular that you are an admitted drug dealer. And considering the quantity of the drug found in your possession the start point for penalty for your case Pisua is 5 years. But you are entitled to certain deductions Pisua by law which I will now make. Firstly your guilty plea has saved the courts valuable time, resources and energy so I will deduct one-third of the penalty for that. Leaves a balance of 40 months. You have a good background as disclosed in the probation office pre-sentence report of service to your family, you have a clean police record. For those factors I will deduct 6 months. Leaves a balance of 34 months. Your family has paid the sala (fine) to the afioaga (village) for you and on your behalf. To take account of that I will deduct a further 6 months leaving a balance of 28 months. There are no other factors Pisua that should be deducted from your sentence.
6. You are accordingly on the charge of possession of marijuana convicted and sentenced to 28 months in prison. But I will order that the time you have spent in custody awaiting sentence is to be deducted.

JUSTICE NELSON