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Police v Sa [2015] WSSC 128 (26 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Sa [2015] WSSC 128

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

SAMUELU SA also known as SAM PAUL MEREDITH, male of Vaimea, Falelauniu, Faleatiu and Salelologa.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 26 January 2015

SENTENCE

1. The defendant has pleaded guilty to possession of marijuana leaves and seeds. According to the police summary of facts the defendant accepted this morning he is a 38 year old male of Vaimea, Falelauniu single and unemployed.
2. On 30^th November 2014 at about 8:00 a.m. the Faleolo Police received a phone call from an informant that the defendant was suspected to be in possession of marijuana. They responded to this information and found the defendant at Fuailoloo at Mulifanua. They searched the defendant and in his possession they found a small knife in his pocket. Also around the area where he was they found a plastic bag and a plastic white bottle containing sixty eight (68) marijuana branches, twenty nine (29) marijuana seeds and some loose leaves of marijuana. They took the defendant into custody and upon interview he admitted to owning all these substances. He was accordingly charged by the police leading to his guilty pleas to these charges.
3. The large quantity of narcotics found in his possession indicates that he deals in marijuana. And as stated in the previous sentencing dealers in marijuana will not be tolerated by the court.
4. Firstly in relation to charge S4179/14 possession of sixty eight (68) branches of marijuana. I start sentence at 2 years in prison. For your guilty plea Samuelu I deduct one-quarter of the term namely 6 months, leaves a balance of 18 months in prison. You are not a first offender you have a lengthy history of previous convictions as you are well aware. There are therefore no other deductions Samuelu the court can make from your sentence.
5. On the charge of possession of sixty eight (68) branches of marijuana convicted and sentenced to 18 months in prison. But your remand in custody time awaiting sentence is to be deducted from that period.
6. In relation to the second charge S4231/14 possession of loose leaves of marijuana. No quantity for those loose leaves Mr Prosecutor is given in your summary of facts. On that charge therefore the defendant is convicted and discharged without sentence.
7. On the third and final charge S4230/14 possession of twenty nine (29) marijuana seeds convicted and sentenced to 3 months in prison concurrent term.
8. O lona uiga o le faasalaga o lau mataupu Samuelu e 18 masina e te nofo sala ai, ae toesea ai le taimi lea na e nofo taofia ai e faatalitali ai le faaiuga o le mataupu lenei. Ua e malamalama? (Defendant said yes). Ia faafetai ua maea.
   

JUSTICE NELSON