Police v Olo [2008] WSSC 61 (4 August 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

SANI EMANUELE TAOPE OLO
male of Vailoa Faleata and Faleseela Lefaga.
Accused in person

Counsel: Mr Patu for prosecution
Accused in person

Sentencing Date: 04 August 2008

SENTENCE BY JUSTICE VAAI

Defendant you are in Court this morning for sentence because you were smoking marijuana at work.

It appears from the summary of facts and from what you have told the probation service during the interview that you did not regard marijuana as a drug. You smoke marijuana to give you strength. You must therefore be in a habit of smoking marijuana. But that is contrary to law because the law says that you are liable to 7 years imprisonment if you are caught in possession of marijuana.

You are 43 years of age and you should have known that. Old and mature man like you should know that possessing marijuana is prohibited by law and a custodial sentence must be considered very seriously. Drugs related offences are the most common offences in Samoa now and deterrence sentence must always be considered. Over 50 % of those serving imprisonment sentences are there for drugs related offences.

You now appear for the first time at the age of 43 in any court of law. I have read the testimonial from your employer who speaks very highly of you; and she has assured the court and she will monitor your behaviour from now on so that you will not be associated with such behaviour anymore.

Given your previous good record and especially your employment record I am prepared to give you one final chance. The penalty to be imposed however must be severe to reflect the seriousness of the offence. For this offence you are convicted and fined $1500 tala. You will also pay costs of prosecution $500. This fine and cost will be paid within a period of 2 months in default you will serve 3 months imprisonment.

JUSTICE VAAI