Police v Matulino [2008] WSSC 42 (20 June 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

LUSIANO MATULINO
male of Lalovaea and Taufusi.
Defendant

Presiding Judge: Justice Vaai

Counsel: Ms Titi and Mr Patu for prosecution
Mr Hoglund for defendant

Sentencing Date: 20 June 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on the charge of possession of narcotics for which you are liable to 7 years imprisonment. On the 30th November 2007 about 11 o’clock in the morning at the Fugalei market two police officers arrested you after you were observed and suspected of possession or dealing with drugs.

You were escorted by one of the police officer to the police office at the market and the other officer followed you. As you were escorted to the office one of the police officer following you saw you reaching inside your right pocket of your shorts, you pulled out a parcel wrapped with bingo papers and threw it away. The police officer escorting you felt your movement and looked at where you threw the parcel. The parcel was picked up by the officer following and he gave the parcel to the officer who was escorting you. Inside the office you were bodily searched and 3 joints of marijuana were found in your left pocket of your shorts. The parcel that you threw away was also opened and there were marijuana leaves attached to a branch. You begged the officer for another chance but you were instead taken to the Apia Police and charged with possession. You denied the charge of possession and I found you guilty and remanded you for a Probation report. You told the probation service that you bought the marijuana found on you for your friends. By pleading not guilty resulting in a defended hearing you denied yourself the benefit normally associated with a guilty plea. Drug offences are the most prevalent offences and the Fugalei market appears to be the central point for pushers and addicts to vie their trade.

Deterrent measures must be considered and therefore a custodial sentence must always be the case unless there are exceptional circumstances. But at the same time the court should also not ignore the rehabilitation element considering your age and other matters raised in the probation report. I am told by the probation service that you were convicted of unlawful sexual intercourse in 2006. However the previous conviction card only shows the offence of theft in 2000. The prosecution have not cleared that discrepancy and I will treat as a first offender. I will have to agree with the probation report and with your counsel that you have obviously got yourself involved with the wrong people and you should choose your friends properly. I also agree entirely with your counsel that you are a very intelligent person and you should make better use of your intelligence rather than wasting of your time dealing with drugs. It was for that reasons that I requested the probation service to prepare a supplementary report whether a community service based sentence should be entertained. I must tell you now defendant that it is with some reluctance that I accept the recommendation by the probation service and I will give you this one final chance.

For this offence you are convicted and placed on probation for 18 months. You will also do 100 hours community work and will attend any programme that the probation service will tell you to attend.

JUSTICE VAAI