Police v Eletise [2010] WSSC 62 (26 April 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

FAAPAIA ELETISE
male of Vailoa Faleata.
Defendant

Counsels: Ms L.Su'a for the prosecution
Defendant in person

Sentence: 26 April 2010

SENTENCE

This 23 year old defendant from the village of Vailoa Faleata is single and unemployed and appears for sentence on the following charges.

1. possession of 131 stalks of marijuana;
   
2. possession of 1½ cigarettes of marijuana;
   
3. possession of an unlawful weapon namely a .22 calibre pistol; and
   
4. possession of unlawful ammunition namely 30 rounds of .22 calibre ammunitions.
   

Accordingly to the summary of facts which the defendant has accepted the stalks were discovered in a police raid of the defendants pool parlour known as the 'Billiard Hut'. Discovered in that raid were 100 stalks of marijuana which had been stripped of their leaves and which were packed in a brown box. What exact use the defendant was going to put the stalks to is not clear from the summary of facts but what is clear is that the leaves that were attached to them were obviously used to make marijuana cigarettes or bullets as they are commonly called.

A raid of the defendants houses by the police netted a further 31 marijuana stalks and the 1½ cigarettes as well as 26 rounds of the .22 ammunition. A search of the defendants vehicle uncovered the .22 calibre pistol loaded with 4 bullets kept underneath the drivers seat just like in the movies. The defendant seemed to regard himself as a drug lord because he told the Probation Office that the pistol and the ammunition were there to protect his drug business. That he is a drug dealer and he is in the drug business is a matter put beyond doubt by his own revelations to the probation office. The drug business is becoming a scourge on this community that we all live in including the defendants own family.

This case is a cause of particular concern because it combines two dangerous elements of the drug trade namely commercial distribution and guns, the latter being for the purpose of protecting the former. As noted by the Chief Justice recently in Police v Enelagi [2007] WSSC 95;

"It is also of serious concern that the accused was in possession of unlawful firearms. In some of the narcotics cases that are coming before the court, cultivators of marijuana or suppliers of narcotic were also found by the police to be in possession of firearms and the danger of firearms needs no explanation".

Considering the quantity of marijuana involved in this case and their obvious purpose and use a five year out of the seven start point is appropriate. I will reduce that by ⅓ for the defendants guilty plea that leaves a balance of 40 months. For the fact that the defendant is a first offender with a clean record I deduct a period of 12 months leaving a balance of 28 months which I reduce to 24 months in recognition of the other factors in his favour in the probation office report.

On the charge of possession of 131 stalks of marijuana, the defendant is convicted and sentenced to 2 years imprisonment. For possession of 1½ cigarettes the defendant is convicted and sentenced to 14 days in prison concurrent term.

In relation to the ammunition and the guns, Parliament has increased our Arms legislation substantially in recent times as a clear signal to the courts of the seriousness with which we should take such offending. We need look no further than at the recent bank robbery at Vaitele to remind us of the new evils and trends that are beginning to pervade our society. These offences carry a 5 year maximum penalty at law. Considering the type of weapon involved and its contemplated use, in respect of possession of the pistol the defendant is convicted and sentenced to 2 years in prison. In respect of possession of the ammunitions he is convicted and sentenced to 6 months in prison concurrent terms but the terms of imprisonment in respect of the weapon and ammunition are to be cumulative to the terms of imprisonment for the drugs.

This drug lord will serve a total of 4 years in prison, remand in custody time to be deducted.

JUSTICE NELSON