Police v Matatufu [2011] WSSC 30 (28 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TAGIILIMA MATATUFU male of Salelologa.
Defendant

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

Sentence: 28 February 2011

SENTENCE

Drug offending at present is one of the most prevalent offences in this community. As the court stated recently in Police v Laupama the critical message that the court must continue sending to the community especially young men like the defendant is that if you involve yourself in drugs that is a sure path to prison. And those who deal in, distribute, sell or as is commonly known "tulei" drugs, for those involved in that the penalties will be particularly severe. The Parliament has increased the penalty for drug matters from 7 to 14 years. That is its contribution to trying to curb the growing drug problem. The court likewise must play its part.

The defendant here is from according to the summary of facts Salelologa, he is 27 years of age, single, unemployed. He has pleaded guilty to two charges one S2082/10 relating to possession of a black bag of dried marijuana branches. The second S26/11 relating to possession of a black bag with 255 dried marijuana branches therein. The police summary of facts which he has admitted says that on Thursday 16 December 2010 the police at Tuasivi were informed that the defendant will be arriving at Salelologa wharf on the 8:00 am ferry from Mulifanua and the defendant was suspected to be in possession of marijuana. The defendant was described to be wearing army like pants and a cap and walking with a slight limp carrying a black bag which was suspected to contain the marijuana.

The police arrived at the wharf and when the ferry docked they noticed the defendant exiting the ferry and noticed that he fitted the description they had been given. The police approached the defendant and escorted him to Tuasivi Police Station where he was searched. Inside the black bag carried by the defendant was found to be 255 branches of marijuana weighing 789.3 grams. The branches were wrapped in an ie lavalava. The defendant was charged accordingly by the police and has pleaded guilty to these two charges.

The defendant told the probation office and has told the court that the bag was not his but that is irrelevant because he was caught in possession of it and he is being charged with possession. He must therefore bear the consequences for being in possession of these drugs. I deal firstly with charge S26/11 which is the charge specifying 255 dried branches of marijuana. This is a large quantity of marijuana and it is obviously for purposes of sale and distribution. Quite clearly an imprisonment penalty is required for such a quantity for such a purpose and the court will follow the approach that it used in the case of Police v Laupama also a case involving large scale drug offending.

I will use as a start point half of the maximum penalty in other words a start point of 7 years. For your guilty plea Tagiilima I will deduct one-third of the sentence reducing the term to 56 months. For the fact that you are a first offender and your previous good record I will deduct 12 months leaving a balance of 44 months. There are no other factors that require deduction for your case Tagiilima. For this offence you will be convicted and sentenced to 44 months in prison. Your remand in custody time is to be deducted from that.

In respect of the second offence charge S2082/10 that is a charge that refers to possession of a black bag of marijuana. There is no evidence that you had two black bags, that charge is dismissed.

In respect of the third charge Tagiilima S114/08 against you also for possession of cannabis on the 26th of January 2008 you have pleaded not guilty to that charge, you will be remanded to the next mention date which is the 14 March 2011 for setting a trial date to hear that matter.

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