Police v Faamatala [1999] WSSC 12 (5 August 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

FALEALII ASI FAAMATALA
of Laulii and Salailua Savaii
Defendant

Counsel: Miss L. Tuala for the Prosecution
Mr S. Toailoa for the Defendant

Date of Hearing: 19 July 1999
Date of Sentencing: 5 August 1999

SENTENCING REMARKS OF WILSON J.

Falealii Asi Faamatala of Vailele and Sala’i, you are a 41 year old married man with a wife and three dependent children.

You at first pleaded Not Guilty to a charge of possessing narcotics. You subsequently, through your lawyer, applied to change your plea to one of Guilty. That application was granted. I accepted your plea of Guilty, and you now stand convicted of the crime of possessing narcotics.

On Friday, 19 March 1999, when you were on a bus outside the fish market at Savalalo, you were handed, by someone you knew, a packet of Rothmans containing 2 marijuana cigarettes, and, after the bus had travelled only a short distance, you were then approached by the police who took possession (from you) of the packet, and you were then immediately discovered to have been in possession of those 2 marijuana cigarettes. It was foolish in the extreme for you to have had anything to do with marijuana.

I have read the summary of facts and the pre-sentence report prepared by the Probation Service. I have listened to Mr Toailoa’s submissions.

I have also read the Previous Convictions Card. Whilst you have previous convictions, they occurred a very long time ago, more than 12 years ago. I can (and should) show some mercy to you on account of the fact that you have kept out of trouble for all that time. What is of concern (and cannot be overlooked) is the fact that 2 of your previous convictions relate to drug offences, which were obviously more serious one than the present one.

You are the sole breadwinner of your family and you are responsible for your children’s education. You are apparently a hard-worker.

Nevertheless, a deterrent sentence is called for here, because you have re-offended against the drug laws.

The sentence, which I will impose, would have been a long one had there been a commercial aspect to what you were doing,

The sentence of the court is that you be imprisoned for a term of one month.

Justice Wilson