Police v Sesio [2009] WSSC 89 (28 August 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

NILI FIU SESIO
male of Saletagaloa Salelologa
Accused in person

Presiding Judge: Justice Vaai

Counsel: F Lagaaia for prosecution
Accused in person

Sentence: 28 August 2009

SENTENCE

Defendant you now appear for sentence on a charge of possession of narcotics for which you entered a not guilty plea but after a defended hearing the court found you guilty.

On Sunday afternoon, 11th January 2009 one Pele Fiu went home after ringing the bell for the afternoon church service. She found you asleep at her faleoo. She wanted to get change to go to church and she asked you to move so she can get changed. You immediately went back to sleep after you moved. As Pele was about to leave she noticed a plastic bag sticking out on one of your short pockets, she took this packet, she suspected it was marijuana and she locked it in her suitcase before she went to church. Later that evening you requested Pele to give you back your plastic bag but she told you that she will meet you at the meeting of the council of the village. One of the village chief found out about the plastic bag and he sent for it; Pele gave him that plastic bag and the chief immediately notified the police who took you and others for investigation. As a result of police investigations you were immediately charged. But you insisted that the plastic bag was not yours when the matter came to a hearing. You were found guilty and you were referred to the probation service for a probation report.

You were interviewed by the probation service and you insisted to the service that the bag was not yours. But the service also interviewed your sister who told the service that your family has been trying to tell you to keep away from drugs because they knew that you were a constant user of marijuana. So when you insisted to the court that the marijuana was not yours it is a relevation to the court that you are not remorseful. For many years this court has been repeatedly telling the public that this is the most common offence within our society and the custodial sentence must always be considered. The prosecution in his submission has recommended that I should impose a sentence of not less than 2 months imprisonment and I will do exactly that.

You are sentenced to 2 months imprisonment to commence from the 13th August 2009 when you were remanded in custody.

JUSTICE VAAI