Police v Iopu [2006] WSSC 11 (16 March 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

LIMA IOPU
male of Faleseela-tai.
Accused

Counsel: M Soonaloloe for prosecution
Accused in person

Sentence: 16 March 2006

SENTENCE

The charge

The accused is charged under s.7 of the Narcotics Act 1967 with knowingly being in possession of narcotic substances, namely, marijuana which carries a maximum penalty of seven years imprisonment. To the charge the accused pleaded guilty at the first available opportunity on 13 February 2006 and has been remanded in custody since that time.

The offending

On 3 February 2006 whilst the accused was on his way home to the village of Faleseela in a bus, he sold two bullets of marijuana for $10 to a police officer in civilian clothes. The police officer then produced his identification card and took the accused to the Faleolo police post where the accused’s bag was searched. Found inside the bag were 64 small branches of marijuana, 10 bullets of marijuana wrapped in a foil, and dried marijuana leaves and seeds wrapped in a newspaper.

The accused was interviewed by the police and he admitted to being in possession of marijuana.

The accused

The accused is a 26 year old male from the village of Faleseela-tai. He is a planter and earns $200 when he sells his produce at the market.

The accused is a first offender.

Mitigating circumstances

The mitigating circumstances in this case are the accused’s plea of guilty to the charge at the first available opportunity and the fact that he is a first offender.

Aggravating circumstances

The aggravating circumstances in this use are the quantity of marijuana substances found in the accused’s possession and the fact that marijuana related offences are by very far the most prevalent type of offence in the community. This type of offence is well ahead of any other type of offence in the community and that is of serious concern to the Court and the community.

The decision

As marijuana related offences are by far the most prevalent type of offence in the community and it has become a matter of serious concern to the Court and the community, the sentences imposed for this type of offence have normally been terms of imprisonment. This is not only for the purpose of retribution but deterrence.

Having regard to the mitigating and aggravating circumstances in this case, the accused is convicted and sentenced to 6 months imprisonment. This sentence is to run from 13 February 2006 when the accused was first remanded in custody.

CHIEF JUSTICE