Police v Malutoa [2008] WSSC 55 (28 July 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

NASERI MALUTOA
male of Vailele-uta
Accused in Person

Counsel: Ms Faumuina- Tuuga for prosecution
Accused in person

Sentencing Date: 28 July 2008

SENTENCE BY JUSTICE VAAI

Defendant you are 31 years of age with a de-facto wife and three children. You now appear for sentence on a charge of being in possession of narcotics for which you are liable to 7 years imprisonment.

As a result of a search by the police using a sniffer dog several amounts of marijuana leaves were found in the bag in your house. This search was effected on the 25th June. A total of 22 marijuana cigarettes can be rolled from the 22.4 grams of leaves that were found in your possession.

You are not a stranger to this court. You have been in prison for assault, robbery and for manslaughter. When you were sentenced in 2002 you were sent to 3 years imprisonment for manslaughter and released on parole in March 2004. In November of the same year you re-appeared in Court again for other minor charges. So you re-offended while you were on parole.

However despite the re-offending the Court was quite lenient on you. You were not sent back to prison but placed on probation. Last year you re-offended again and the court was again lenient on you and placed you on probation again. And you now tell me that you are concerned for your three children; I find that difficult to believe when you keep on re-offending. If you really have some concern about your wife and children then you should think twice before you re-offend.

A custodial sentence is called for and the only mitigating factor here is your early guilty plea. I deduct three months from the nine months that I intended to impose and you will serve six months imprisonment and you should not be released on weekend paroles.

JUSTICE VAAI