Police v Sini [1999] WSSC 17 (13 September 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

MOMOEMAALII SINI
of Malie and Satapuala
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.

Momoemaalii Sini, you are a 39 year old Samoan man who is a planter. You are married with 2 children. You have pleaded guilty to 2 drug offences.

On 21 August 1999 you were found to have in your possession narcotics in the form of marijuana seeds (40 in number). They were found in your waist bag. On the same day you were found to have been cultivating marijuana (3 plants in number).

You have no previous conviction for a drug offence or for any other offence. You are entitled to leniency on this account.

You have pleaded guilty, and I think you have shown signs of remorse.

I have read the summary of facts and the pre-sentence report. I have listened to your explanation of how you came to commit these offences.

It may be that you are a good father and a good worker, but I think you were very amateurish as a grower of cannabis. Because you are a first offender and for other reasons, I will not be sending you to prison. Had you been in a position to pay a fine, I would have imposed one of around $1,300.00. As you are not in employment and have no source of substantial income, I think you should pay a small fine. For being in possession of seeds, you are to pay a fine of $100.00, by default - 2 days imprisonment. I will allow you 10 months to pay the fine.

In relation to the other charge of cultivation, you will be released on probation and I will order you to undertake some community service.

The conditions of your probation are that you be of good behaviour for a period of 1 year, that you be under the supervision of a Probation Officer, and that you undertake 120 hours of community service as directed by the Probation Service.

JUSTICE WILSON