Police v Soloi [2011] WSSC 27 (16 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

LAUPAMA SOLOI male of Vaitele-tai and Sagone Savaii.
Defendant

Counsels: Ms P Valoia for prosecution
Defendant unrepresented

Sentence: 16 February 2011

SENTENCE

The courts attitude to drug offending has been well publicised and everyone in our community should be aware of it by now. But it is worth repeating again. As stated in Police v Siaosi [2007] WSSC 9 it is no secret that there is a current sentencing policy of the court in relation to possession of narcotics in particular the offence of possession of marijuana. The unequivocal message that must be sent out to the youths and to the people of this community is that if you involve yourself in drug offending whether in relation to marijuana or any other narcotic you will receive an imprisonment term as a general rule and the only question for the judge is how long is appropriate.

It has furthermore been stated on countless occasions that the punishment in relation to people who grow, deal and distribute illicit narcotics will be particularly severe. Because they are at the core if not are the core of a growing drug problem. The Parliament of this country last year doubled the maximum penalties for drug offending from 7 to 14 years, it obviously shares the courts concern. By that action Parliament has sent the court a message of its own namely get tough on drug offenders. The courts response should be message received loud and clear.

The defendant in this case is charged with possession of a substantial quantity of prohibited narcotics. The charge to which he has pleaded guilty reads that he was with his co-defendants in possession of 140 branches of dried marijuana leaves, 63 branches of marijuana without leaves, 197 marijuana cigarettes wrapped in foil and 1540 seeds of marijuana.

The police summary of facts which the defendant has admitted indicates that these substances were discovered in a house at Vaitaele-tai. A new suburb of Apia township and one rapidly gaining a reputation for two things: one the growing number of churches and secondly the growing amount of criminal offending to the extent that it now has its own police post. The summary further relates that on Saturday 15 January this year at around 7:30 am the police in the course of executing their duties entered the house to arrest a co-defendant on an outstanding warrant regarding a separate matter. Upon arrival at the house the police searched it and found the defendant asleep in a bedroom in the front part of the house and his co-defendants in other bedrooms of the dwelling. In the search of the defendants room they discovered one packet containing 37 marijuana cigarettes wrapped in foil, 63 dried branches of marijuana without leaves and the 1540 marijuana seeds. They also found wrapped in a purple lavalava hidden in the ceiling 160 marijuana cigarettes wrapped in foil packed in a plastic bag and 140 branches of marijuana. The defendants were arrested that day and taken to the Central Police Headquarters in Apia.

It is clear that what was discovered at the house at Vaitele-tai indicates that it was a centre for distribution of illicit narcotics. And I do not for one second believe the defendants statement that he is a mere planter and he supports his family by growing crops on a maumaga. Perhaps I believe the crops part of it but I do not think he grows taro. The quantity of drugs found in the defendants bedroom is one of the largest to come before the court and there is no doubt it was for commercial purposes. The defendant admitted as much to the probation office in their interview of him. The penalty in this case should reflect the quantity involved in this offending as well as its seriousness. As well it should send a strong message to those involved in the drug trade in this country.

Fourteen years is the maximum penalty now prescribed for the offence of possession of marijuana. Considering all the circumstances of this matter and bearing in mind the need not to drastically increase the sentencing regime for drug offending overnight I will use only half of the maximum penalty as the start point. That means a start point of 7 years. I deduct from that the deductions you are entitle to Laupama at law. Firstly a one-third deduction for your guilty plea that leaves a balance of 56 months. Even though you have a previous conviction I note it is for a different kind of offence this is your first drug appearance you should therefore be treated as a first offender. For the fact that you are therefore a first offender I deduct a period of 12 months that leaves a balance of 44 months. There are no other factors in your favour that require an adjustment to this penalty you are convicted and sentenced to a period of 44 months or 3 years 8 months in prison for this offence. The time the defendant has spent in custody awaiting sentence is to be deducted from that term.

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