Police v Meaalofa [2011] WSSC 34 (7 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

PATI MEAALOFA male of Toamua uta.
Defendant

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

Sentence: 07 March 2011

SENTENCE

The summary of facts in this case relates that the defendant is a 19 year old male of Toamua-uta, single, unemployed and works in the family plantation like many males of his age. On Saturday 05 February this year police received information concerning a place at Toamua-uta where there was occurring selling of illegal narcotics in particular marijuana. As a result the police conducted a raid of the defendants premises and upon arrival found the defendant present. They informed him of the purpose of their search and presented to him the search warrant and then undertook their search.

In the house was found 4 marijuana seeds, 8 small plastic packets containing dried marijuana in a back-pack and 13 marijuana stem branches with no leaves. The police seized all these substances and the defendant has pleaded guilty to being in possession of these illicit narcotics. A charge for which he now appears for sentence.

This court has stated before and will state again that possession of marijuana and involvement in illegal narcotics are pathways to Tafaigata prison. The Parliament of this country has now doubled the penalty for marijuana possession from 7 to 14 years. And possession of marijuana for the purposes of sale will surely earn a person a ride on the Tafaigata express.

The circumstances of this case lead to the inescapable conclusion that the defendant was in the business of growing and selling marijuana from the premises at Toamua-uta. The maximum penalty for the offence is as I have stated 14 years in prison. However the starting point for sentence is not the maximum but an appropriate starting point having regard to the circumstances of the defendants crime.

Considering all those factors I start for your case at a term of 4 years. I will give you a one-third discount for your guilty plea. That reduces the penalty to 32 months for the fact that you are Pati a first offender and have not previously appeared before the court on any matter I deduct a period of 12 months leaving a balance of 20 months. For your young age and expression of remorse I will allow a further deduction and round the sentence off to 18 months in prison. You will be convicted for this matter and sentenced to 18 months in prison. Your remand in custody time is to be deducted from that sentence.

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