Police v Sitafu [2006] WSSC 28 (11 May 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

SU’E SIONE SITAFU
male of Leauva’a.
Accused

Counsel: M Boone-Dumaran for prosecution
Accused in person

Sentence: 11 May 2006

SENTENCE

The charge

The accused is charged under ss.7 and 18(2)(a) of the Narcotics Act 1967 with being knowingly in possession of narcotics which carries a maximum penalty of seven years imprisonment. To the charge the accused has pleaded guilty.

The offending

On Wednesday, 7 September 2005, the police drug squad received a phone call from an informant at about 10.30am saying that the accused was selling marijuana at the Savalalo Fish Market. The police drug squad immediately attended the call. They found the accused selling fish. The accused was not aware that the police had already been tipped off that the accused was selling more than just fish, he was also selling marijuana. The police then seized and searched a black hand bag in the accused’s possession. They found in the bag 28 rolled marijuana joints and 62 small 2’ x 3’ plastic packets of dried marijuana leaves.

When interviewed by the police, the accused admitted that he had already sold six packets of dried marijuana leaves at $5.00 per packet. He also admitted to the police that he had sold some marijuana joints at $2.00 per joint. The accused also told the police that he had been selling marijuana substances at the Fish Market for 3-4 months.

The accused

The accused is a 24 year old male from the village of Leauva’a. He is single and unemployed. He stays home and helps out by working on his family’s plantation as well as fishing for his family.

The accused is a first offender and the pre-sentence report prepared by the probation service shows him to have been a person of good character prior to the commission of this offence.

Mitigating circumstances

The accused’s plea of guilty to the charge and the fact that he is a first offender may be taken into account in mitigation.

Aggravating circumstances

The quantity of marijuana substances found in the accused’s possession and the fact that he was in possession of those marijuana substances for a commercial purpose, namely, selling them for money, are aggravating circumstances. It also appears that the accused had been selling marijuana at the Fish Market for 3-4 months.

The high degree of prevalence of marijuana related offences is another relevant factor.

The decision

Having regard to the mitigating and aggravating circumstances as well as the very high degree of prevalence of marijuana related offences, a custodial sentence should be imposed.

The accused is convicted and sentenced to 15 months imprisonment. The period of time during which the accused has been remanded in custody pending sentence is to be deducted from this sentence.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for the prosecution