Police v Malama [2008] WSSC 60 (4 August 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

TUA MALAMA aka VISESIO MALAMA
male of Malie and Vaiusu-uta.
Accused in person

Counsel: Ms Sua- Mailo for prosecution
Accused in person

Sentencing Date: 04 August 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on the charge of possession of marijuana for which you are liable to 7 years imprisonment.

On the 23rd June 2008 in later afternoon the police went to Vaiusu to search the residence of Tasi, a known pusher to the police. The defendant was there and the defendant ran away as soon as he saw the police coming. You were chased by the police and caught and you were searched, and sure enough marijuana was found on the accused. You told the probation service that you had been smoking marijuana for sometimes and you now tell the court that you have been smoking it for about 12 months. Had you not been caught you would have continue with your habit of smoking marijuana.

This is a very common offence and a custodial sentence must always be considered, this court has always considered custodial sentence as the appropriate one. I have read the probation report prepared on your behalf and the probation service is prepared to give you guidance as the result of your offending. This is what the probation service said about you:

"In discussing sentencing options, Tua Malama is aware of the penalties such an offence attracts and is fearful of going to prison. If the court wishes to consider an alternative to imprisonment, a community based sentence of 12 months supervision and 100 hours community work is not entirely unreasonable."

You are 29 years of age and you have a mother to look after and this is your first appear in this court. Your mother has also told the probation service that she depends heavily on you for her keep. Defendant I am prepared to accept the recommendation by the probation service. But let me assure you this is your first and final chance.

You are convicted and placed on probation for a period of 18 months. The special conditions I will impose are these: You will do 150 hours community work. You will attend any programme like the "Toe Tomanatu Programme" that the probation service may recommend to you. You will pay costs of the prosecution of $1000 to be paid within 4 months. If you do not obey the special conditions of probation, you will be brought back to this court and I will deal with you accordingly.

JUSTICE VAAI