Police v Leota [2011] WSSC 29 (28 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TUA SATIA LEOTA
male of Solosolo and Leone Apia.
Defendant

Counsels: Ms T Toailoa and F E Niumata for prosecution
Defendant unrepresented

Sentence: 28 February 2011

SENTENCE

This defendant faces two possession of marijuana charges. The first in time is S1878/10 which occurred on the 31st October 2010. That charge involves possession of 5 marijuana cigarettes at the fish market. The defendant pleaded guilty to that on the 15th November 2010. The court then granted him bail to await sentencing but while he was awaiting sentencing he went on to commit the second offence facing him on the 23rd of January 2011. This is charge S38/11.

The police summary of facts which the defendant has also admitted states that he is a 29 year old male of Leone and his is single and unemployed. And that on the 23rd of January at around 1:30 in the morning in the company of two of his co-defendants he was seen by police officers in front of the Nelson Library at Matafele. The police who were patrolling became suspicious of these gentlemen after they smelled what they recognized to be marijuana. They stopped and searched them and found 9 marijuana cigarettes on them.

It is clear to me that this defendant is not a casual user for recreational purposes but is a seasoned user if not a pusher of marijuana. His first offending in October last year involved him and three other males smoking marijuana on the seawall at the fisheries market area and the most recent offending involved him and again three other co-defendants smoking marijuana around the Nelson Memorial Library area. This defendant keeps the company of co-defendants and it would appear birds of a further do fly together.

As you heard Tua from the previous sentencing this afternoon there is now a 14 year maximum penalty for possession of marijuana. And that usually jail terms are imposed for this sort of offending because of its seriousness and prevalence. There is no reason in your case to depart from the normal practice. But it is in your favour Tua that you are a first offender and you pleaded guilty to these charges and saved everyone time.

In respect of charge S1878/10 of 31 October last year, you are convicted and sentenced to 3 months imprisonment. In respect of the second charge S38/11 occurring on 23 January this year that involves more cigarettes and is therefore a more serious offence. And it was also committed while you were on bail awaiting sentencing on the first charge. Those are serious aggravating factors and the penalty should reflect those aspects. In respect of the second charge involving 9 marijuana cigarettes you are convicted and sentenced to 5 months in prison but that is cumulative because it is a separate offence. Your remand in custody time is to be deducted.

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