Police v Maotapule [1999] WSSC 13 (5 August 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

SAU MAOTAPULE
of Fusi Safata
Defendant

Counsel: Mr M. Leung Wai & Miss L. Tuala
Defendant in person

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

SENTENCING REMARKS OF WILSON J.

Sau Maotapule, you are a 39 year old single Samoan man of Fusi Safata, who is a planter by occupation.

You initially pleaded Not Guilty to a charge of possessing narcotics. You subsequently 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.

You have not been represented by a lawyer, but I have explained to you the procedures of this Court and I have given you an opportunity to say whatever you wanted to say in mitigation of penalty.

The facts surrounding your crime are these:-

On 16 April 1999 at Fugalei Market a police officer found you to be in possession of 3 small packets of marijuana leaves. There was no evidence that you had this marijuana in your possession for a commercial purpose.

I have read the pre-sentence prepared by the Probation Service and, of course, the Summary of Facts. I have listened to what you said to me, and I remember that you said to me that you are truly remorseful and that you want to “turn a new page in (your) life”.

Whilst you do have previous convictions, none was for a drug offence, and your earlier crimes were committed a long time ago (all of them more than 10 years ago). I can (and should) treat you very much as if you were a first offender. I can treat you leniently because you have not committed a drug offence before.

You live with your parents and they are, to a large extent, dependent upon you. It goes to your credit that your father speaks well of you and has urged me to be merciful towards you.

I take into account in your favour your plea of guilty and the remorse you have shown and spoken of in Court.

Fortunately for you there was no commercial aspect to your offending. Had your motive been to make profit, you would, almost certainly, be facing a prison sentence.

The sentence of the Court is that you be fined the sum of $450.00, in the default 9 days imprisonment. I will allow four weeks to pay.

I should make it clear to you that, if you were to commit another drug offence in the future, you certainly can expect to be sentenced to imprisonment.

Justice Wilson