Police v Isaia [2011] WSSC 109 (4 July 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

MAELI ISAIA male of Satapuala and Satuimalufilufi.
Defendant

Counsels: Ms L Su'a-Mailo and F E Niumata for prosecution
Mr A Roma for defendant.

Sentence: 04 July 2011

SENTENCE

The summary of facts which the defendant admitted through his counsel states that he is a 40 year old male of Satapuala and Satuimalufilufi. These two villages are well known for drug offending and for growing and distribution of marijuana.

There are two lots of offences. The first relates to 31 March 2010. On the day in question the defendant was on the bus to Falelatai and pulled out of his back-pack a packet of marijuana leaves and started rolling a cigarette. When the bus reached Falelatai, the defendant got off the bus and went to the house of his friend at Falelatai. Not long after they arrived at the house one of the village matais approached him and took him to the house of another Falelatai matai. There the Falelatai matais searched the defendants back-pack and found 4 joints and dried marijuana leaves weighing 0.8 grams. The village elders did the right thing and rang the police. They detained the defendant until the police arrived who took him away. When interviewed, the defendant admitted to police that the narcotics were his. This is charge S725/10.

The second lot of offences are information S234/11 and S301/11 which allege that on 18 March 2011 at Satapuala, defendant was found in possession of one hundred and seventy one (171) branches of dried leaves of marijuana weighing 698.7 grams and 334 marijuana seeds. The summary of facts states that on that day the police spotted the defendant on the roadside hitching a ride. He was carrying a red bag. The police offered him a ride and the defendant refused when he realized it was a police vehicle. One of the police officers recognised the defendant as he has a long line of previous convictions. The police officers questioned him as to what he had in his bag and asked him to get into the vehicle. The defendant refused and ran away. Police gave chase and they saw the defendant toss the bag into the bush. They caught him on that same day, retrieved the bag and both were taken to the Faleolo Police Station where the bag was searched and revealed the 171 branches of dried leaves of marijuana weighing 698.7 grams and the 334 marijuana seeds. The defendant is charged with possession of a substantial quantity of illicit narcotics and it also includes seeds.

The court has stated before that because of the prevalence and seriousness of drug offending imprisonment will normally be the penalty unless exceptional circumstances exist. This seriousness was recognized by Parliament in recently doubling the maximum penalty for marijuana possession from 7 years to 14 years. The court has also previously stated that penalties on drug dealers and sellers and those who cultivate illicit narcotics will be especially severe because they are at the heart of the drug problem in this country.

Maximum penalty as I have stated is now 14 years for possession. The defendant here clearly is a dealer in respect of the second lot of offences facing him and the penalty should reflect the quantity involved in the offending as well as its seriousness. Considering all circumstances of your case half of the maximum penalty is the appropriate start point for your case. That means a start point of 7½ years. In your favour as your counsel pointed out, I will deduct one-third of your sentence for your guilty plea leaving a balance of 5 years. I also agree with your counsel that you are a first time drug offender therefore I deduct another 12 months leaving a balance of 4 years. There are no other factors for which a deduction should be made in your case. In respect of informations S234/11 and S301/11 you are convicted and sentenced to 4 years in prison. Remand in custody time awaiting sentence to be deducted.

In respect of information S725/10 the court is satisfied that it was for personal use and normally a monetary fine or probation would be imposed. But the defendant has no obvious ability to pay given his present sentence. And probation would be fruitless. For this matter you are convicted and sentenced to 1 month in prison, cumulative term because it is a separate offence.

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