IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

IOANE SEFO male of Vaimoso.
Defendant

Counsels: Ms F E Niumata for prosecution
Defendant unrepresented.

Sentence: 30 May 2011

SENTENCE

The defendant in this case appears for sentence on possession of 40 marijuana cigarettes found on him at the Fugalei Market on 26 February this year. He is said in the police summary of facts which he has accepted to be a 30 year old married male with three children and at the time of the offending he was on weekend parole from Tafaigata Prison where he was serving a 3 year prison term. His previous conviction record indicates that 3 year term was for possession of narcotics and it also indicates that is not his only narcotics convictions. 

The summary states that on Saturday 26 February the defendant was spotted at the market in the company of a group of males who immediately dispersed when they saw the police. Given the defendants record and the actions of these people one does not need a great deal of imagination to know what they were doing. The police arrested the defendant and when he was searched he was found to be in possession of two packages inside his bag containing the 40 marijuana cigarettes weighing a total of 36 grams. There is no difficulty in concluding that the defendant when he was arrested was dealing in drugs at the Fugalei Market. 

You are a repeat drug offender and you re-offended while on parole for drug offending. Ioane you are wasting your life in drugs and the only result is that Tafaigata is becoming your second home, in fact the way you are going its becoming your first home. Only you can change that. For this matter you are coming up for sentence as a repeat drug offender caught pushing drugs at the Fugalei Market place. A place well-known for drug offending. There is no question that you should be dealt with sternly because drug dealers are a group of people that the court will continue to send to prison until they mend their ways. 

The Parliament has said you can go to prison today for up to 14 years. And if you keep on with drug offending you will end up one day receiving a 14 year term. But for this matter taking all circumstances into consideration you will be convicted and sentenced to 4 years in prison. Your remand in custody time since the 27th of February is to be deducted from that.

.………………………
JUSTICE NELSON