Police v Falaniko [2011] WSSC 15 (11 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

IOSEFO FALANIKO male of Mulifanua.
Defendant

Counsel: Ms F E Niumata for prosecution
Defendant unrepresented

Sentence: 31 January 2011

SENTENCE

I am sure Iosefo you have heard what has been said by the court in respect of the two previous drug matters and the penalty for those who sell, deal and grow marijuana. The police summary of facts in this case which the defendant accepted last Friday says that on Thursday 9 December the police received an anonymous tip that there were men selling marijuana at the Mulifanua wharf. That when the police attended, the defendant fled from them and the police gave chase. As the police ran after the defendant they saw him dispose or throw away some things onto to the ground.

The police eventually caught the defendant and brought him to the police station and also picked up the items that the defendant had thrown onto the ground. These items were found to consist of two plastic bags with marijuana leaves and seeds inside and a red Pall Mall packet of cigarettes with ten joints inside. The defendant was interviewed and charged by the police and he admitted to them that he had knowledge of the marijuana.

Considering all the circumstances of your matter Iosefo again I use the 3 years start point for sentence. From that I deduct one-third for your guilty plea leaving a balance of 24 months. Because this is your first offence and because of your previous good character I deduct a further 12 months leaving a balance of 12 months. There is nothing else requiring a further deduction to be made for this matter you are convicted and sentenced to 12 months in prison. Your remand in custody time is to be deducted from that sentence.

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