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Police v FA [2024] WSSC 111 (17 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v F.A [2024] WSSC 111 (17 July 2024)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

F.A

Defendant

Counsel: Leafaitulagi Matauaina for the Prosecution
Defendant appears in Person

Date: 17 July 2024

ORAL SENTENCING OF TUATAGALOA J

1. The defendant appears for sentencing after entering a guilty plea to one (1) count of possession of narcotics namely cannabis substances of marijuana leaves weighing 1.68 grams pursuant to section 7 (1) (a) & 18 (b) of the Narcotics Act 1967 which carries a maximum penalty of fourteen (14) years’ imprisonment.
2. According to the Summary of Facts (“SoF”), the defendant is an eighteen (18) year old male of [x-village] and [y-village] who attends Year 13 at [** College]. He lives with his mother and siblings at his maternal family in [y-village]. The young defendant has successfully completed the Salvation Army six week program ordered by the Court.
3. The SoF was read out and accepted by the young defendant. The SoF has it that the young defendant with a friend on the 17^th February 2024 (Saturday) in the morning went to the Fish Market in town and bought the marijuana substances. The defendant in his Pre-Sentence Report (“PSR") where the defendant said that he and his friend usually buy marijuana from a soda can street vendor. After buying marijuana he and his friend went to Tanoa clothing shop where they were both caught shoplifting and luckily the shop did not press any charges. It was when the police turned up that the young defendant and his friend were body searched that the marijuana substances were found.
4. On the following mitigating factors that the prosecutions recommended a non-custodial sentence:
   • The defendant is a young offender;
   • He is still at school at Year 13;
   • He had pleaded guilty; and
   • He has completed the Salvation Army six week program ordered by the Court.
5. For the same reasons advanced by the Prosecution and the fact that this young defendant has all the signs of a student doing well at school for he has made it to Year 13. The PSR also says that he is a school prefect. A conviction will have a negative impact on this young defendant’s future and will be disproportionate to the gravity of this offending in terms of the weight of marijuana leaves found on the young defendant.
6. The young defendant is hereby given a discharge without conviction.
   

JUSTICE TUATAGALOA