Police v Fuifui [2009] WSSC 120 (30 November 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

ETUALE LEMANA FUIFUI,
male of Aleisa and Safotu Savaii.
Defendant

Counsels: Ms F. Vaai and Ms L. Su'a-Mailo for the prosecution
Defendant unrepresented

Sentence: 30 November 2009

SENTENCE

This defendant appears for sentence on two charges, the first one is possession of 111 marijuana cigarettes at the Fugalei Market on 27 August 2007. The second charge is that on 22 October 2007 at the same venue he was in possession of 11 small plastic bags containing marijuana leaves and 1 marijuana cigarette wrapped in foil. Fugalei Market of course is a well known haven for drugs and drug offending despite the best efforts of the police. Each of the charges against the defendant carries a maximum penalty of seven (7) years in prison.

As the court has noted in the past, drug offending has become the leading criminal offence in this country. Because of that and because it often leads to other kind of criminal offending, the courts have evolved a policy of imprisonment for this kind of offence unless there are strong and compelling reasons to do otherwise. The message to everyone is, if you involve yourself in drugs and drug offending you will likely end up in prison, the only question is how long.

The defendants offending in this case requires the normal penalty policy to be applied and applied vigorously because this defendant is no stranger to the court or to drug offending. Etuale is currently serving a term of imprisonment for possession of narcotics and it is clear from his record and the large quantities of drugs of marijuana found on him that he is a distributor and dealer in marijuana operating out of the Fugalei Market area.

On the first charge of possession of 111 cigarettes, considering all factors, a five year appropriate start point should apply. From that I deduct one third for the defendant's guilty plea leaving a balance of 40 months. From that I deduct 4 months for the other factors Etuale in your favour as mentioned in the probation office pre-sentence report leaving a balance of 36 months. You are accordingly on that charge convicted and sentenced to three (3) years imprisonment cumulative to the present term. In respect of the second charge of possession of 11 bags and one cigarette you will be convicted and sentenced to 6 months imprisonment but that is to be served concurrently to the present term.

JUSTICE NELSON