Police v Moevaa [2002] WSSC 20 (21 August 2002)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE

Informant
AND:

SIUSEGA MOEVAA,

male of Savalalo
Defendant

Counsel: Ms A. Mulitalo for prosecution
Ms M. Tuatagaloa for the defendant

Hearing: 21 August 2002
Judgment: 21 August 2002

SENTENCING REMARKS OF JUSTICE COOPER

Siusega you appear for sentence now having pleaded guilty to a charge of possession of narcotics namely marijuana.

The facts in this matter are that, on the 22^nd of February this year, you were apprehended at Fagalii Airport. You were found in possession of umu boxes containing 29 small packets of marijuana. You admitted to the police that you intended sending this marijuana to American Samoa.

I have heard from your counsel and read the probation report concerning your personal circumstances.

You are married with 7 children. Their ages range from 14 years to 4 years. You are working at your mother’s stall at the market. You have responsibilities towards your wife and children and your elderly parents.

The probation report tells me that you are a good father and a good provider for your family. It is therefore a great pity that a person with your responsibilities and qualities should commit an offence such as this. As your counsel has said, your offending has impacted not only on yourself but also on your family.

You are entitled to credit for your plea of guilty and acceptance of responsibility for your actions. The sentence that will be imposed upon you will be less because of that.

On the other hand this is a serious case because of the number of packets of marijuana involved. Also the fact that the marijuana was being sent to American Samoa indicates a commercial overtone to your offending.

The court is required to condemn and denounce and deter offending such as this.

The sentence of the court is that you go to prison for 2 years.

JUSTICE COOPER