Police v Sianava [2010] WSSC 84 (23 July 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

DANIEL SIANAVA aka KAINO SIANAVA,
male of Tauese
Defendant

Presiding Judge: Justice Slicer

Counsel: Mr. F Lagaaia and Ms. T Nelson for the prosecution

Sentencing: 23 July 2010

Charge: Possession of Narcotics

SENTENCE

1. Daniel Sianava has pleaded guilty to the crime of Possession of Narcotics.
   
2. On 4 November 2008, police found the defendant near Crabbers night club and searched him. They found 20 cigarettes of marijuana on his person. He has pleaded guilty to the crime alleged against sections 7 and 18 of the Narcotics Act 1967.
   
3. When he was interviewed by police, he admitted that the marijuana had been found on his person and was his. In court, he says the marijuana was given to him by a friend and that he was taking it home for personal use. The prosecution is unable to say that is not the case. They say that the quantity alone would suggest that he was involved in commercial sales. But they cannot take the matter to an undisputed facts hearing.
   
4. I will sentence him for the number of cigarettes but for personal use or non-commercial sharing.
   
5. Daniel is aged 25 and he lives with his mother and young child. He has separated from his partner and has remained responsible for the raising of their 2 year old child. He is the sole breadwinner for the maintenance of the child and his mother. To send him to prison would cause harm to the family unit. In caring for the child he has shown himself to be responsible. He is now in employment with his uncle and earns $100 per week.
   
6. The court requested the prosecution to verify his employment with his uncle and the prosecution has helped the court by carrying out that task.
   
7. I am persuaded that he should not be sent to prison immediately. He has prior convictions in 2004 for theft and causing bodily harm and this offence was committed in 2008. He will be given a further chance.
   
8. The court will make an order under section 113 of the Criminal Procedure Act 1972.
   

ORDERS

1. Daniel Sianava is convicted of the crime of Possession of Narcotics.
   
2. He will appear before the court for sentence if called upon to do so within 18 months of the date of this order.
   
3. It is a condition of order 2 that he commits no crime or offence involving narcotics within a period of 18 months.
   

JUSTICE SLICER

NOTE: You will not go to prison today but for your child & your responsibility you might have gone for 3 months. If you commit a crime involving narcotics within the next 18 months you will be brought back to court for this matter of 2008 and the court will sentence you to imprisonment. If you stay out of trouble for 18 months, then that is the end of the matter.