Police v Feta [2008] WSSC 83 (16 September 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

MIKAELE FETA
male of Fa’ala Palauli and Fiaga Aleisa.
Accused

Counsel: G Patu and F Lagaaia for prosecution
Accused in person

Sentence: 16 September 2008

SENTENCE

The charge

[1] The accused appears for sentence on the charge of cultivation of narcotics which carries the maximum penalty of seven years imprisonment. To the charge the accused pleaded guilty at the earliest opportunity.

The offending

[2] On Sunday 3 August 2008 at around 3:30pm in the afternoon, the police carried out a raid on the house the accused is staying in at Fiaga, Aleisa. The police had suspected the accused of cultivating narcotics.

[3] When the police questioned the accused, the accused showed the police where the marijuana plants were growing. The police found seven marijuana plants which ranged in height from 4 inches to 12 inches.

[4] The police then brought the accused to the Apia police station where he was interviewed.

[5] According to the pre-sentence report, the accused told the probation service that he had bought marijuana seeds from the Fugalei market. He planted marijuana seeds fro two months when the police showed up.

[6] The accused also told the probation service that he planted the marijuana seeds as it could be an easy way to earn money.

The accused

[7] The accused is a 39 year old male employed as a plantation caretaker at Fiaga, Aleisa. He is married with no children.

[8] The accused is also a first offender.

The decision

[9] In considering what should be the appropriate sentence to be imposed in this case, I take into account the high prevalence of narcotic offences, the number of marijuana plants the accused was cultivating, and the motive of the accused which apparently was for a commercial purpose. It is also to be noted that the cultivations of marijuana are at the root of narcotic offending because they are the primary suppliers of marijuana.

[10] In favour of the accused, I also take into account the accused’s plea of guilty at the earliest opportunity and the fact that he is a first offender. The prosecution has also sought a term of imprisonment of not more than one year.

[11] Weighing up all these matters, the accused is convicted and sentenced to 10 months imprisonment.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia, for prosecution