Police v Afaese [2010] WSSC 168 (23 December 2010)

THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

AFAESE AFAESE, male of Vaigaga
Defendant

Presiding Judge: Justice Slicer

Counsel: F Vaai and P Valoia for prosecution
Defendant in person

Hearing: 22 December 2010

Sentencing: 23 December 2010

Charge: Possession of Narcotics

ORAL DECISION

1. Afaese Afaese has been found guilty of Possession of a Narcotic (marijuana) contrary to the Narcotics Act 1967, sections 7 and 18. Police found him in possession of one marijuana cigarette and two foiled packets of the same narcotic. He was found guilty following trial. The maximum penalty for this offence of Possession of Narcotics is seven (7) years imprisonment.
   
2. The prosecution has suggested that the correct sentence is that of two (2) years imprisonment. The court has looked at other cases as supplied by the prosecution. The court accepts those cases and the notations supplied by the prosecution as helpful. The court pays regard to those cases discussed with counsel during the course of the hearing.
   
3. The defendant has a large record for prior convictions commencing in 2003. He has a prior conviction for a drug offence recorded on 26 July 2010. This offence was committed on 10 October not long after his release from prison.
   
4. The defendant is aged twenty-one but has taken no opportunity to reform. He is a repeat offender for crimes of violence and dishonesty. On his own evidence his conduct on 10 October was bad. He says that it was his own cousins who took him to the police station for his conduct.
   
5. Searches by police found marijuana in his possession. It was more than he would need for personal use. The marijuana in the foils are more than he would use himself. The court infers from the evidence that the possession was also for the use of others.
   
6. He is not entitled to a plea of guilty.
   
7. The commencing point for this sentence will be three (3) years imprisonment, but it will be reduced because of his age and his history of employment. The sentence of imprisonment will also take into account that the amount was relatively small, but it was still more than he would need for personal use.
   
8. The court does not accept the prosecution's suggestion that two (2) years imprisonment is appropriate. But there are few mitigating matters. The sentence of this court will be one of eighteen (18) months imprisonment to commence as and from 10 October 2010.
   

ORDERS

(1) Afaese Afaese is convicted of the crime of Possession of a Narcotic.

(2) Afaese Afaese is sentenced to a term of imprisonment for eighteen (18) months to commence as and from 10 October 2010.

(JUSTICE SLICER)