Police v Eletise [1999] WSSC 25 (10 December 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

MANASE ELETISE,
of Vailoa Palauli and Vaivase-uta
Defendant

Counsel: Ms H. Wallwork for the Prosecution
Defendant - unrepresented

Sentencing Date: 10 December 1999

SENTENCING REMARKS OF WILSON J.

Manase Eletise, you are a 24 year old single Samoan man.

You are not represented by legal counsel, but your mother has assisted you.

You pleaded guilty to the crime known as ‘possessing narcotics’.

You now stand convicted of that crime.

On 17^th November 1999 at Vailoa, you were found to be knowingly in possession of a small quantity of dried marijuana leaves which you had obtained from your brother.

I have read the summary of facts that was read to you in Samoan.

I have read the pre-sentence report prepared by the Probation Service and a letter from Dr. Titi Lamese.

Drug offending is regarded very seriously by the law and by people in the general community. Sometimes drug offending can bring with it heavy punishment.

But, in your case, the amount in your possession was a small quantity. You do not smoke it. You accepted it without thought. Your idea was to use it to pay some boys working in your plantation, but I accept that there was no evidence of an intention to make a profit or engage in a commercial enterprise.

I take into account the fact that you spent several days in custody.

I take into account your plea of guilty at an early stage. I understand that, as for your health, your mother cares for you. So, treat this experience as a lesson; give your mother reason to be proud of you instead of disappointed.

The sentence of the court is that you be fined $100.00 to be paid within 2 weeks, in default 2 days imprisonment.

JUSTICE WILSON