Police v Tui [2009] WSSC 79 (22 July 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

LINA TUI
female of Siuniu Falealili and Talimatau.
Accused

Counsel: T Toailoa and L Taimalelagi for prosecution
Accused in person

Sentence: 22 July 2009

SENTENCE

The charge

1. The accused is charged with possession of two marijuana plants to which she has pleaded guilty at the earliest opportunity. The charge carries the maximum penalty of 7 years imprisonment. The accused is now appearing for sentence on that charge.
   

The offending

2. According to the summary of facts produced by the prosecution and confirmed by the accused the accused is a 50 year old female. She has a de facto husband and is unemployed.
   
3. In the evening of Wednesday 1 April 2009, the police went to the house of the accused and her husband at Talimatau on information given to them by someone and found two marijuana plants which had been uprooted from the garden of the accused’s family. The accused was then brought by the police to the Apia police station where she admitted that she had uprooted the marijuana plants from a bucket in her family’s garden.
   
4. The heights of the two marijuana plants, however, are not clear so that the precise quantity of marijuana with which the accused has been charged is uncertain. There is a significant difference between a tall marijuana plant and a small one.
   

The accused

5. As already mentioned, the accused is 50 years old, unemployed and has a de facto husband. She has four young children she looks after.
   
6. The accused is a first offender.
   

The decision

7. In considering the appropriate sentence to be imposed in this case, I take into account the fact that marijuana related offences are the most prevalent type of offences in the community, the seriousness of the charge and the uncertainty in the quantity of marijuana substances found in the accused’s possession. I also take into account in the accused’s favour her early guilty plea and the fact that at the age of 50 years she is a first offender.
   
8. In the circumstances, the accused is convicted and sentenced to 6 months imprisonment. The period of time she has already spent in custody is to be deducted from that sentence.
   

CHIEF JUSTICE

Solicitor
Attorney General’s Office, Apia, for prosecution