Police v Meealofa - Sentence [2011] WSSC 69 (6 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

MUA MEAALOFA
male of Toamua-uta.

ASIAGOGO GALI
female of Vaitele fou and Toamua.
Defendants

Counsels: Mr G Patu for prosecution
Defendants unrepresented

Sentence: 06 April 2011

SENTENCE

Both defendants face a charge of possession of a not inconsiderable quantity of marijuana. The evidence establishes that the marijuana was being sold from premises at Toamua-uta with which the defendants were involved. This court has stated in sentencing drug offenders in the past that the penalties will be particularly severe in relation to people who sell marijuana for commercial gain or who are involved in the distribution of the drug. It is for that reason that the owner of the premises Muas brother Pati was sentenced even though he was a first offender who had pleaded guilty to a term of 18 months in prison.

Mua is also a first offender but he did not plead guilty and therefore cannot receive the deduction for a guilty plea. And he therefore should get in principle more than the 18 months his brother received. However having heard the evidence Mua I am satisfied that your brother was probably the primary dealer in this matter and that you were a secondary one. I find that counter-balances the effect of your not guilty plea and therefore do not propose to impose a higher sentence on you than what was given to your brother. In other words I will give you the same sentence that your brother received. But I also give you the same advice that I gave him that marijuana is something that has only one result and that is a ride on the Tafaigata Express. You should stay away from this when you get out from prison and find another way to earn a living. But for this matter for the reasons I have stated Mua you are convicted and sentenced to 18 months in prison. Your remand in custody time is to be deducted.

In respect of the fourth defendant in this matter Asiagogo it is clear from what I have heard that she was the girl friend of the owner of the house but her role was also a secondary role in the distribution. However the evidence establishes that she assisted in the sale of the narcotics when neither of the brothers were available. She did assist in the distribution of narcotics and even though you are a first offender Asiagogo, as I have stated the courts sentencing policy for this sort of involvement in the drug trade is one of imprisonment. I am sure you have heard what the court has stated to your co-offender the same applies to you. You should choose your boyfriends more wisely, people who are not involved in the drug trade.

Considering all the circumstances of your matter you will be convicted and sentenced to 6 months in prison but your remand in custody time is to be deducted.

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