Police v Sakaria [2009] WSSC 43 (20 April 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

APELU GA SAKARIA,
male of Satapuala and Tanugamanono.
Accused

Counsels: Ms F. Vaai for the prosecution
Defendant unrepresented

Sentence: 20 April 2009

SENTENCE

This is a case that also comes from the village of Satapuala. The difference between this case and the previous case is that here the village council according to the documents before the court have already imposed a penalty on this defendant. That was confirmed by a representative of the village this morning and also in the Probation Office report. The penalty is substantial comprising a large fine mat and $1,000.00 by way of a fine to the village. The other difference in your case Apelu and this is a significant difference is the quantity involved in the offending. The previous offender had 190 seeds in his possession, you only had two packets of dried marijuana leaves but according to the Police summary of facts this was enough to make 40 cigarettes.

I am also not satisfied from what I have read of the documents before me that you purchased these leaves for a commercial purpose because the summary of facts does not clearly establish the commercial purpose if there was one and the Probation Office report says the defendant intended it for personal use rather than for commercial use. I also accept from having observed the defendant and heard his plea in mitigation that he is genuinely remorseful and regretful for his actions. You have also pleaded guilty at the earliest opportunity and are a first time offender for this kind of offence.

These factors in particular the large penalty imposed by the village council a penalty which this court is mandated by law to take into account persuades me that a non custodial penalty is appropriate for you. But you must be warned this is your first and last chance. You said you will never do this again, you had better stick to your word because the court will stick to its word if you do it again the court will send you to prison. Ua manino lea tulaga i lau susuga? (defendant indicates he understands).

The penalty to be imposed will be a fine and the fine must reflect the seriousness of the offence. Accordingly the defendant will be convicted and fined $1,000 together with police costs of $100 and probation office costs of $100.00. That total fine of $1,200 is payable by 4pm tomorrow Tuesday 21 April 2009, in default six (6) months imprisonment.

JUSTICE NELSON