Police v Mataio [2011] WSSC 71 (11 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

HARRY MATAIO male of Lepea and Faleu Manono.
Defendant

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

Sentence: 11 April 2011

SENTENCE

This defendant appears for sentence on two charges the first is S1889/08 of possession of 8 joints of marijuana and 7 bullets of dried marijuana in 2008. The second is that on the 18 January this year he was caught in possession of 2½ marijuana cigarettes S29/11.

The first matter arises out of the defendant being drunk at the Fugalei Market on Saturday 27 December 2008 at around 9:00pm at night. The police apprehended the defendant and took him down to the police station. The defendant was in possession of a small bag and at the station the bag was searched. Nothing was found in the bag so they returned to the police vehicle where the defendant had been sitting and searched underneath the seat. And what they found under the seat was another smaller bag inside of which was contained the seven marijuana cigarettes and 6 bullets of dried marijuana leaves. Another bag was discovered with 1 marijuana cigarette and one bullet making the total outlined in the charge.

The defendant was interviewed and admitted to being in possession of these narcotics. Possession of such a large quantity of cannabis at the Fugalei market leads to the irresistible inference that the defendant was peddling or dealing in drugs. In other words that he is one of these people who pushes drugs or "tulei" drugs as it is more commonly known. The defendants drug convictions in 2003 and 2005 reinforce the conclusion that he is involved and continues to be involved in the drug trade.

Society needs to be protected from people like Harry and that is why the court has constantly stated that it will have little leniency for those who sell and "tulei" drugs. But I do not overlook that when Harry committed this offence in 2008 the maximum penalty for possession was then only 7 years and not 14 years as it is now. The only factor in your favour is the fact that you have pleaded guilty and saved every one time and resources. But you are a repeat drug offender and that must be reflected in your penalty.

In respect of the charge of possession in 2008, you are convicted and sentenced to 2 years in prison. In respect of the new matter against you where you were found by the police in possession of two and half marijuana cigarettes you will be convicted and sentenced to 3 months in prison and that term is to be cumulative to your earlier term.

O lona uiga o lou taimi mo mataupu uma ia e lua Harry e 2 tausaga ma le 3 masina le taimi e tatau ona tuli i le toese mo mataupu uma ia e lua malamalama? (defendant indicated he understood). Defendants remand in custody time is to be deducted from his sentence.

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