Police v Kose [2009] WSSC 106 (16 September 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

FAIFEAU KOSE & ROPATI KOSE
males of Falealupo and Vaitele-fou
Defendants

Counsel: F Lagaaia for prosecution
J Brunt for defendants

Sentence: 16 September 2009

SENTENCE

Defendants are brothers from the village of Falealupo age 30 and 35 years of age respectively. On the 24th January 2009 both defendants were at the Fugalei market for the purpose of catching the bus to Mulifanua wharf.

While they were eating pancakes Faifeau who is the younger bought a packet of marijuana from a seller at the market. He gave it to his older brother with instructions to give it to their brother in law in Savaii. This was a faaoso for the older brother to take to the brother in law. Faifeau admitted to the probation service that he had been involved in drugs before. Although I accept from what he told the probation service that he has kicked the habit, he however willingly and without hesitation bought the packet of marijuana when he was approached by the seller and his older brother was silly enough to accept the drug to be taken to Savaii.

Both defendants are liable to 7 years imprisonment as imposed by law. I have read the probation report prepared for each of the defendants. In essence they are described as role models not only in the church but in also at the village activities. But this is the normal description which is given to almost every criminal who appears before this court for sentence.

Narcotics offences are the most common offences which come before this court to be dealt with. I am satisfied from what I have heard and read that the defendants should be dealt with differently. Both defendants would not have appeared before this Court if Faifeau had not purchased the marijuana.

The defendant Faifeau is convicted and fined $500 tala to be paid forthwith in default he will be sentenced to 2 months imprisonment. The defendant Ropati is convicted and fined $100 tala to be paid forthwith in default 1 week imprisonment.

JUSTICE VAAI