Police v Taai [2008] WSSC 38 (18 June 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TAAI TAAI
male of Fagaloa, Vaitele & Tafaigata Prison.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: R Titi for prosecution
Accused in person

Sentence: 18 June 2008

SENTENCE

1. The accused is a 32 year old male. His life has been a sad story. He has been in and out of prison since the age of 15 years. So he has been a repeat offender for the last 17 years. When the present offence was committed he was serving a term of imprisonment on another offence.

2. The accused was charged with possession of 22 seeds and leaves of marijuana. He admitted being in possession of marijuana leaves but denied being in possession of the 22 marijuana seeds. A plea of not guilty was therefore entered on his behalf. However, on the date of hearing which was 16 June 2008 the accused admitted being in possession of the 22 marijuana seeds. His plea of not guilty to the charge was accordingly vacated and substituted with a guilty plea.

3. According to the summary of facts which has been admitted by the accused, it was on Tuesday 6 November 2007 at around 9am, when a police officer who was posted at Falelauniu saw the accused who is a prisoner at Tafaigata.

4. The police officer then approached the accused who was shocked to see the police officer. The accused was asked by the police officer to give him the black bag which the accused was wearing around his waist. The accused handed over the bag and when the police officer opened it, it contained marijuana wrapped in a piece of newspaper.

5. The marijuana substances consisted of 22 marijuana seeds and marijuana leaves. These marijuana leaves were later found to weigh 2.8 grams which is estimated to make up 4 marijuana joints.

6. The police officer then escorted the accused back to Tafaigata prison. Before they arrived at the prison compound, the accused asked the police officer to have mercy on his parole and gave the police officer $7 cash.

7. As already mentioned, the accused has been in and out of prison since he was 15. That was from 1990 up to now mainly for offences of burglary and theft. Once he was sentenced to prison for 3 months for possession of narcotics. That was in 2001.

8. In all the circumstances, including the accused’s delayed plea of guilty, a custodial sentence should again be imposed on the accused who obviously has not shown any sign of remorse for his previous offences.

9. The accused is sentenced to 8 months imprisonment. This is to commence at the expiry of his present sentence.

CHIEF JUSTICE

Solicitors
Attorney-General’s Office, Apia, for prosecution