Police v Fatitu [2008] WSSC 5 (22 February 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

IAFETA FATITU
male of Levi Saleimoa.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: L M Su’a-Mailo for prosecution
Accused in person

Sentence: 22 February 2008

SENTENCE

The charges

1. The accused appears for sentence on one count of cultivation of prohibited plants and one count of possession of prohibited plants. Each count carries the maximum penalty of seven years imprisonment. To both counts the accused pleaded guilty at the first opportunity.

The offending

2 On Friday night, the 20th of December 2007, the police received a call from the mayor of the village of Levi, Saleimoa, about a marijuana plant that was found by a member of the village on the accused’s property. The police attended the call and arrived at Levi, Saleimoa, at about midnight. They picked up the marijuana plant which had been found on the accused’s property and then proceeded to search the accused’s property. From their search the police found another five marijuana plants which were grown in cans and containers on the property of the accused. The police brought all six marijuana plants together with the accused to the Apia police station the same night.

3. On Saturday morning, the 22 of December 2007, the police returned to the accused’s house to continue their search. They found another eight marijuana plants grown in cans and containers on the property of the accused. The fourteen marijuana plants which the police found on the accused’s property are estimated to be each 3ft in length.

4. The accused has told the Court, that the reason why he cultivated these marijuana plants was because he wanted to see what marijuana looks like. I find this explanation incredible and it is rejected.

The decision

5. In favour of the accused I take into account his plea of guilty to the charges at the earliest opportunity and the fact that he is a first offender. I also take into account the gravity of the offence, the number of marijuana plants which the police found growing on the accused’s property, the high prevalence of this type of offending within the community, and the need for deterrence in this type of case.

6. In weighing all those circumstances and bearing in mind the guilty plea by the accused and the fact that he is a first offender, he is sentenced to one year and seven months imprisonment on each of the two charges against him. Both sentences are to be concurrent.

7. If the defendant has served any period in custody for this offence, then that is to be deducted from the total sentence that I have imposed.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for prosecution