Police v Tamasone [2010] WSSC 181 (20 December 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

LUUGA TAMASONE
male of Salailua, Vaiusu and Aleisa.

Defendant

Counsels: G Patu and P Valoia for prosecution
Defendant unrepresented

Sentence: 20 December 2010

SENTENCE

The summary of facts which the defendant has accepted states that he is a 27 year old male of Salailua, Vaiusu and Aleisa, single, unemployed. There was a police search conducted of his property on Tuesday 23 November 2010 and discovered thereon were six marijuana plants. They were growing inside a bucket in front of the defendants house at Aleisa. The plants measured one was 6cm in height, one was 5cm, one was 4cm, one was 9cm, one was 14 and the final one was 34cm. The defendant was also searched by the police and on him according to the summary of facts they found four branches of marijuana, some loose marijuana leaves inside the pocket of his pants and eighteen marijuana seeds. The defendant was accordingly charged with one count of possession of the four branches of marijuana the loose leaves and the 18 seeds and one count of cultivating the six plants referred to aforesaid.

The maximum penalty for possession and cultivation of marijuana was recently increased by Parliament from 7 years in prison to 14 years in prison, a sign of Parliaments concern about the increasing prevalence of drug offending in our community. A concern that has been shared by the court for many years resulting in a sentencing policy of the court imposing deterrence sentences even for first offenders who plead guilty. That policy means that non-custodial penalties only arise in exceptional cases and this is not one of them. And further to that if you are a cultivator of marijuana you can expect an imprisonment term because the court is targeting in particular people who sell or deal commercially with marijuana as well as people who grow it. There is no question that therefore the defendant for this offending requires an imprisonment term the real issue for me to consider is how long.

Luuga your petition that you presented earlier to let you out for Christmas obviously under no circumstances can be granted. You will be let out when you have served your term. But I will take into account the time you have been remanded in custody to await sentence.

I will deal firstly with the cultivation of the six plants. It appears from the probation office report the defendant is a regular user of marijuana and that he has a drug problem but there is no evidence he grew these plants for the purpose of selling them at least there is no such evidence before the court in this case. And I therefore will accept Luuga that the plants here were grown for your own personal use. A 3 years start point for penalty is an appropriate starting point for your matter. I will deduct from that a one-third deduction for your guilty plea that leaves a balance of 2 years. But I note you have a relevant previous conviction so there can be no deduction made for your previous good character because this is not your first court appearance on a narcotics matter. And there are no other factors that entitle you to further deduction Luuga. Accordingly you will be convicted on the charge of cultivation and sentenced to two years in prison but your remand in custody time is to be deducted therefrom.

In respect of the possession of 4 branches the loose leaves and the 18 seeds I will adopt a similar methodology for your sentencing. And I adopt that taking into account your previous conviction. In respect of the possession charge you will be likewise convicted and sentenced to 2 years in prison. These are concurrent terms. If there are any programme at the prison aimed at drug rehabilitation I would recommended the defendant undergo those programmes. If there are not any such programmes perhaps the Prison Authorities should consider introducing them, so that prisoners who go in with a drug problem do not come out still having the same drug problem.

............................
JUSTICE NELSON