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Police v Savusa [2015] WSSC 130 (26 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Savusa [2015] WSSC 130

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

IOSUA SAVUSA, male of Faleatiu and Vaiaata Prison.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 26 January 2015

SENTENCE

1. The defendant pleaded guilty to two charges, one of possession of marijuana leaves and one of possession of marijuana seeds. The police summary of facts which the defendant has admitted says he is 23 years of age single from the village of Faleatiu currently serving a term of imprisonment at Vaiaata Prison.
2. On Monday, 10^th November 2014 at Salelologa wharf the defendant and another prisoner were returning from weekend parole. They were late in returning to Tuasivi which made the police officers on duty at the wharf suspicious and caused them to search the defendants suitcase. On searching the suitcase they found inside two plastic bags. The first plastic bag containing dried leaves of marijuana as well as raw leaves of marijuana. Both plastic bags also contained one thousand seven hundred and forty (1740) seeds of marijuana. The police officers immediately took the defendants to Tuasivi Police Post and interviewed them leading to their charges.
3. It is clear from the police summary of facts Iosua that you were ether selling drugs at Salelologa wharf or you were intending to smuggle them into Vaiaata Prison in order to give out and distribute to your fellow prisoners. Whichever the case may be Iosua its clear you were dealing in narcotics. And the seeds mean possibly you are a cultivator as well.
4. The court has stated many times in the past that it will take a very firm view against those involved in the commercial exploitation of narcotics. This is becoming a big problem in the country. It leads to many other dangerous activities and results and its beginning to infiltrate into the schools and the lives of the young adult population of Samoa. Parliament has noted this disturbing trend and recently increased the penalty for possession of marijuana from 7 to 14 years in prison. A strong deterrent penalty is required for this sort of offending not only for defendants personally but also to send the message to the public at large that if you do this and become involved in narcotics you will end up with jail time.
5. I deal firstly with the charge of possession of one thousand seven hundred and forty (1740) seeds information S3819/14. I start sentence at 4 years in prison. I reduce that by 1 year to take account of your guilty plea and also to take account of your expression of remorse Iosua. That leaves a balance of 3 years in prison. You are not a first offender, so I cannot give you credit for that because you are serving a prison term for murder. There are no other deductions that you qualify for Iosua.
6. On the charge of possession of one thousand seven hundred and forty (1740) seeds of marijuana convicted and sentenced to 3 years in prison cumulative to your present term of imprisonment.
7. In respect of charge S3801/47 possession of marijuana leaves convicted and sentenced to 6 months concurrent term. Which means your total term for these offences is 3 years in prison. Ua e malamalama i le faaiuga o lau mataupu Iosua? (Defendant said yes). Faafetai ua maea.
   

JUSTICE NELSON