Police v Magalogo [2006] WSSC 18 (11 April 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

VILIAMU MINO MAGALOGO
male of Lepea.
Accused

Counsel: K Koria and M Boone-Dumaran for prosecution
Accused in person

Sentence: 11 April 2006

SENTENCE

The charges

The accused is charged with two counts, namely,: (a) possession of seeds of a prohibited plant, namely, marijuana under s.6 (1) (b) of the Narcotics Act 1967 which carries a maximum penalty of 7 years imprisonment, and (b) possession of a pipe for the purpose of the commission of an offence against the Act under s.13 (b) of the Narcotics Act 1967 which carries a maximum penalty of a fine not exceeding $200 or a term of imprisonment not exceeding 3 months or both. To the charges the accused pleaded guilty at the earliest opportunity.

The offending

According to the summary of facts prepared by the prosecution, on Monday, 21 February 2006 the police searched and found in the accused’s home at Lepea 297 seeds of marijuana and a pipe for the purpose of smoking marijuana. The accused was brought by the police to the Apia police station where he was interviewed. The accused admitted to being in possession of the said seeds and pipe.

The accused

The accused is a 37 year old male of Lepea and he is currently unemployed.
From the pre-sentence report prepared by the probation service, it appears that the accused has been smoking marijuana for a very long time and may now be addicted to it. His involvement in drugs and alcohol affected his progress in school until he dropped out before completing Form 5. In 1996 he migrated to his elder siblings in New Zealand but because of his involvement in drugs his family in New Zealand decided to return him to Samoa. However, this is the first time he is convicted of any offence.

According to the pre-sentence report, the accused also told the probation service that marijuana is a good plant as it makes him see a different world which is a world of happiness and that he will never stop smoking marijuana. He also told the probation service that if his case is dismissed by the Court he will stop smoking marijuana but if he is sentenced to prison he will smoke marijuana again when released.

The accused also told the probation service that since he returned to Samoa from New Zealand in 2000, he has been buying packets of marijuana from the market at Fugalei. He would then smoke the leaves and keep the seeds. He gave no satisfactory explanation to the probation service for keeping the seeds instead of throwing them away.

The accused further told the probation service that he had brought with him from New Zealand the pipe which the police found in his home and he had been using the pipe to smoke marijuana leaves. He demonstrated to the probation service how he had done it.

Mitigating circumstances

The accused’s plea of guilty to the charges at the earliest opportunity is a mitigating circumstance. He also readily admitted to the probation service his prolonged use of marijuana to which he now appears to be addicted. Even though this is the accused’s first conviction for any offence, by his own admission to the probation service, he has been smoking marijuana for quite a long time.

Aggravating circumstances

The quantity of marijuana substances found in the accused’s home is quite substantial. By what the accused told the probation service, he certainly does not appear to repent the smoking of marijuana.

Marijuana related offences are also by far the most common type of offence in the community and is a matter of serious concern.

The decision

In all the circumstances a sentence of imprisonment should be imposed for the charge of being in possession of 297 seeds of marijuana. The starting point should be 2 years imprisonment. I take off 1/3 discount for the accused’s plea of guilty at the earliest opportunity. That leaves a sentence of 14 months imprisonment. That is the sentence imposed on the accused.

For the charge of being in possession of a pipe for the purpose of smoking marijuana, the accused is sentenced to 4 weeks imprisonment.

Both sentences are to be concurrent. The accused is therefore to serve a sentence of 14 months imprisonment.

Before leaving this matter, it is recommended that the probation service gives the accused whatever assistance it can give him under its programs for assisting prisoners, with regard to what appears to be the accused’s condition of addiction to marijuana.

CHIEF JUSTICE