Faiese v Police.rtf [1999] WSSC 30 (10 December 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

AFOA ENELE AUMUA FAIESE,
of Falealupo
Defendant

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

Sentencing Date: 10 December 1999

SENTENCING REMARKS OF WILSON J.

You are a 28 year old Samoan married man from Falealupo. You have 6 children that you look after. You are not represented by a lawyer.

You have pleaded guilty to the crime known as ‘possessing narcotics’ and you now stand convicted of that crime.

On 15 November 1999 at Salelologa, you were found to be knowingly in possession of a very small quantity of marijuana which you had brought from the Fugalei Market for $5.00.

I have read the pre-sentence report prepared by the Probation Service.

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

But, in your case, the amount in your possession was small; it was for your own use; although you had given some away, there was no evidence of an intention to make a commercial profit; and, most importantly, you are a first offender who is entitled to some leniency.

I take into account your plea of guilty; the fact that you are the sole provider for your family; and the fact that you apologise for your mis-conduct.

The sentence of the court is that you be fined $200.00; in default, four days imprisonment. I allow 5 weeks to pay.

You spent $5.00 to buy this many. You now have to pay a much larger sum by way of punishment.

JUSTICE WILSON