Police v Sua [1999] WSSC 34 (23 July 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

SIAKIPULE SUA
of Vaialua, Nofoalii
Defendant

Counsel: Mr Schuster (Junior) for Prosecution
Mr Toailoa for Defence

Sentencing Date: 23 July 1999

ORAL DECISION OF JUSTICE WILSON

Siaki Pule Sua of Nofoalii, you are a 35 year old Samoan man, who has a defacto wife and one child. You are unemployed.

You pleaded guilty to a charge called possessing narcotics. On 4th January this year you were found to be in possession of one marijuana plant. You now stand convicted of that crime.

When you were in your plantation one day, you apparently came across a small cannabis (or marijuana) plant growing in a barrel. You decided to take possession of it, and you took it to the house you were living at the time and you cared for it there. It was in that house that the plant was discovered by your matai (who is your wife's uncle) and this led to you being charged with this offence.

I have read the pre-sentence report that was prepared by the Probation Service. I have listened to the submissions of your lawyer, Mr Toailoa.

I can be lenient upon you (and show you mercy) because you pleaded guilty and have shown signs of remorse.

I take into account the fact that you are the main bread-winner in your family. You are a hard-worker.

You have no previous convictions for narcotics offences, and I can therefore treat you as if you were a first offender.

Had there been a commercial aspect to your crime and had there been evidence that you had been motivated by a desire to make profit, you, almost certainly, could have expected to be sent to prison.

I propose to impose a non-custodial sentence, that is to say I intend to inflict punishment that does not involve you being sent to prison.

Instead of me ordering that you be imprisoned, I release you on probation and order you to undertake some community service. You should understand that, if you were to breach the probation order in any way or if you were to break the law again or if you were to commit another narcotics offence, you are likely to be sentenced to a term of imprisonment.

The conditions of your probation are that you be of good behaviour for a period of 2 years that you be under the supervision of a Probation Officer, and that you undertake, within a period of 1 year, 120 hours of community service as directed by the Probation Service.

JUSTICE WILSON