Police v Levi [2011] WSSC 33 (7 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

LEVI LEVI male of Afega and Tafaigata
and FIU SALE male of Salelologa and Tafaigata.
Defendants

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

Sentence: 07 March 2011

SENTENCE

Both these defendants appear for sentence as inmates of Tafaigata Prison for possession of narcotics or marijuana. The court has on previous occasions always dealt with marijuana offences within the prison confines of Tafaigata by addition of cumulative penalties of imprisonment. That is because the only penalty in my view for drug offending while in prison is a further extension of your prison term. If that is not clear to the inmates of Tafaigata prison then gentlemen go and tell them that. It is especially so if you are already serving a jail term for drugs like the first named defendant Levi Levi.

The police summary of facts which both defendants admit states that the first defendant Levi Levi is 36 years old and is serving a prison term for cultivation of narcotics. The second named defendant is 34 years of age previously of Savaii and also serving an imprisonment term. Fiu has a large number of previous convictions for various matters ranging from willful damage to assault to unlawful conversion and burglary.

The police summary of facts goes on to state that on Tuesday 08 February this year at around 11:00 in the morning the first defendant was cooking in the prison kitchen. The second defendant Fiu came into the kitchen and Levi gave him 1½ marijuana cigarettes and some marijuana leaves wrapped in a brown paper bag. The summary goes on state that the second defendant then gave half a marijuana cigarette to another prisoner after these two had completed their morning duties. The police at the prison suddenly woke up and searched the defendant and found 2.9 grams of loose marijuana leaves, one rolled marijuana cigarette and two separately wrapped half marijuana cigarettes. The defendants were accordingly charged and have pleaded guilty to possession of those substances.

Levi according to the police summary of facts you are the primary offender in this matter because you had the drugs originally and you gave some of it to the second defendant. Your offending is also more serious because you are presently serving a term of imprisonment for narcotics. In respect of this matter Levi you will be convicted and sentenced to 6 months in prison cumulative to your present term.

Fiu considering the number of previous convictions you have you should change your name to Lefiu. O le sese o oe o lou pipii fua i le taulealea la o Levi lea ua e lavea ai i le mataupu lenei o laau faasaina. E amanaia e le faamasinoga o lea faatoa molia mai oe i se mataupu faapea. E moni lava e iai isi au solitulafono ae avea mo sou lelei le tulaga lea o solitulafono na e ese le mataupu e aafia ai. E maua la se faamāmā avega ia oe ona o tulaga lena ma le tulaga lea o lea ua e ioe I le solitulafono ua sefe ai foi le taimi o le faamsinoga. E 2 masina lou taimi faaopoopo mo le mataupu lenei.

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