Police v Hunkin [1999] WSSC 21 (27 October 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

API HUNKIN
of Fugalei
Defendant

Counsel: Mr R. Schuster for the Prosecution
Defendant in person

Sentencing Date: 27 October 1999

SENTENCING REMARKS OF WILSON J.

Api Hunkin of Fugalei, you are 22 years of age and a taxi driver by occupation. You have not been represented by legal counsel. You have been found guilty by me, as a Judge sitting alone, of the crime of possessing narcotics.

I was satisfied beyond reasonable doubt that you were knowingly in possession of narcotics. A suitcase containing marijuana (approximately 200 grams of marijuana) was found in your taxi. You had, as a taxi driver, agreed to go to and from Savaii for another man Viavia. You acted, I think, not so much as the courier but rather as the transport provider for the man Viavia, who was bringing this quantity of marijuana back to Upolu.

It was not your idea to go to Savaii to get the narcotics. You were approached by the man Viavia. You were to be paid and were paid as a taxi driver for what you did by way of providing transport. But the worrying aspect is that you knew he had picked up marijuana and you did nothing about it. You allowed yourself to be involved in the shifting of a relatively large quantity of marijuana from a place on Savaii to the wharf.

I did not accept that you did not know the suitcase contained marijuana substances until the police approached your taxi. As your caution statement reveals (Exhibits P.4), you suspected and must have known that the purpose of the trip was to obtain marijuana. Indeed I was satisfied beyond reasonable doubt that you knew that the suitcase obtained by Viavia contained marijuana.

I have read the pre-sentence report. I have heard you make your submissions to me.

You are a first offender and you are entitled to leniency on that account.

You are married with 3 children. You have a close relationship with your family. You had a good up-bringing.

You say (and I accept) that you are remorseful for what you did. You have been concerned as to what might happen to you and you have been worried for your family if you were to go to prison. On the evidence before the court the only commercial aspect of your offending was that you obtained the taxi fare to which you were entitled. There is no proof that you profited in any other way from your involvement. Had there been such proof, that would have been an aggravating circumstance and that would have led to you being sent to prison.

The sentence of the Court is that you be fined the sum of $800.00, in default 16 days imprisonment. I allow 8 months to pay.

JUSTICE WILSON