Police v Alesana [1999] WSSC 44 (25 February 1999)

IN THE SUPREME COURT OF WESTERN SAMOA
HELD AT APIA

BETWEEN

POLICE
Informant

AND

SELA SIONA ALESANA
male from Fogasavaii
Defendant

Counsels: M. Tuatagaloa for the Prosecution
T.K. Enari for the Defendant

Decision: 25 February 1999

ORAL DECISION OF JUSTICE WILSON

Lusiano Sela Alesana, you have pleaded guilty to a drug offence. You cultivated two cannabis (or marijuana) plants. I am willing to accept your explanation that you were growing them for the purpose of providing you with some pain relief. It is generally accepted in today's world that cannabis (or marijuana) can be useful for a pain relief. But the problem is, it is against the law to use this drug for any purpose.

The police found two plants at your place at Fogasavaii on 17 October 1998. You co-operated with the police and were honest with them. You are a first offender, you are 43 years of age, and you have never been in trouble before. You have pleaded guilty, and that goes to your credit. I have read the pre-sentence report prepared by the Probation Officer, and that says good things about you. I have read the reference (or letter) from the Reverend Matoka Masoe. He speaks well of you, and I know that you have been caring for your family for a long time.

When people come before this court for drug offences, they generally are sentenced to a term of imprisonment. In your case, instead of me ordering that you be imprisoned, I release you on probation for one year. You should understand that, if you were to break the law again or commit any other drug offence, you are likely to be sentenced to a term of imprisonment. I will make a condition of your probation that you live and work where directed by your Probation Officer.

JUSTICE WILSON