Police v Tua'i [2003] WSSC 51 (19 May 2003)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

SALE MAREKO TUA’I,
Male of Palisi and Taufusi
Defendant

Counsel: Ms L. Mulitalo for prosecution

Sentencing: 19 May 2003

SENTENCING REMARKS OF JUSTICE VAAI

Defendant, you now appear for sentence on this very common offence of possession of narcotics to which you are liable to seven (7) years imprisonment. The summary of facts tells me that as a result of the police search, you were found in possession of a shopping bag containing dried marijuana leaves. That summary of facts does not tell the quantities of marijuana that were found on you. Shopping bags (if the police are referring to the plastic bags issued by the shops for customers) come in very many sizes.

The probation report tells me of your explanation as how you came to be in possession of the marijuana. It is unless there are special circumstances normal for this court to impose terms of imprisonment for this offence because it has become far too common. The prosecution have elected not to address on sentence and I therefore in the absence of any assertion to the contrary by the prosecution accept what you told the court and the probation office why the police found the drug in your home.

You are aged 45 years and you have previous convictions. But as the previous convictions are unrelated to this offence, I will treat you as a first offender for the purpose of this sentence. You are described in the probation report as a good family man and that you come from a good family background. You have a wife and a relatively young family to look after. Despite your very limited education you are described as a dedicated and hardworking family man.

As I have said, I am going to believe what the probation report service says as well as your explanation for the reasons you came to be in possession of these prohibited drugs. But next time you appear before this court on similar offences I will probably not believe you. Concentrate on your business and stay away from your undesirable comrade.

You are convicted and ask to come up for sentence within twelve (12) months. You will not be called upon if you do not re-offend. So if you keep out of trouble from now on within the next twelve (12) months this is the end of the matter, but if you do re-offend and come before this court again, I will have no hesitation in sending you to prison.

JUSTICE VAAI