Police v Tasila [1999] WSSC 15 (13 September 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

MEKIAFA TASILA
male of Vaipuna and Tiavi
Defendant

Counsel: Ms L. Tuala & Ms T. Potoi Vaai for the Prosecution
Defendant in person

Hearing Date: 30 August 1999
Sentencing Date: 13 September 1999

SENTENCING REMARKS OF WILSON J.

Mekiafa Tasila, you are a 39 year old Samoan man who is a planter.

On 22 July 1999 at Tiavi you cultivated marijuana plants, about 8 in number. On the same day you were found to be in possession of narcotics, namely marijuana substances. The narcotics found in your possession were two small bundles of leaves which, as you admitted, had been cut from plants grown in your plantation. You pleaded guilty to these two charges, and you now stand convicted of those two drug offences.

You have a previous convictions for drug offences. I have read your previous convictions card and, as you admitted, on 18 September 1995 you were convicted and sentenced to concurrent sentences of 11 months and 9 months imprisonment for cultivating and possession of narcotics.

I have read the pre-sentence report prepared by the Probation Service. Had there been a commercial aspect to your crimes and had there been evidence that you were motivated by a desire to make profit, you, almost certainly, could have expected to be sent to prison for a very long time.

There is much concern in Samoa when people learn that drug offences have been committed. There is even greater concern when people learn that some drug offenders are repeat offenders.

In the circumstances, the sentences I am to impose must emphasise two things:- deterrence and retribution.

For the crime of cultivating narcotics, the sentence of the court is that you be imprisoned for 15 months, and, for having in your possession marijuana, the sentence is that you be imprisoned for 10 months. These two sentences will be concurrent.

If, after serving your sentence, you were to re-offend, the sentence is likely to be even sterner and tougher. I hope you will now learn that drug offending must stop.

JUSTICE WILSON