Police v Poliko [2011] WSSC 8 (31 January 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

MALU POLIKO
male of Vaimoso.
Defendants

Counsel: Ms F E Niumata for prosecution
Defendant unrepresented

Sentence: 31 January 2011

SENTENCE

This defendant appears for sentence on a charge of possession of 59 small plastic bags of dried marijuana. He is a 51 year old male of Vaimoso and Alafua married and with children. Summary of facts which he has accepted relates that on 31 December 2010 the police station post at Fugalei Market were informed that a male was selling marijuana around the bus terminal and handicraft section of the market.

When the police arrived at the scene they found the defendant and asked him to accompany them to the police post but the defendant resisted. He continued to walk around and pulled out the plastic bag from his clothing and tossed it towards some by-standers. The police recovered the plastic bag and brought it together with the defendant to the police post where they searched the bag and found therein 59 tea bag size marijuana packets and one marijuana branch. The defendant was charged and this is the background to his appearance today for sentence having pleaded guilty to the charge.

The defendant is no stranger to the courts or to charges of possession of narcotics. He was imprisoned in 2008 and 2009 for possession and it is clear from the material before the court that he is a seller and distributor of marijuana at the Fugalei Market. He admitted to the Probation office that on his release from prison in 2009 he began selling marijuana for a living. The court has stated before that because of the prevalence and seriousness of drug offending imprisonment will normally be the penalty. This seriousness was recognized by Parliament in recently doubling the maximum penalty for possession from 7 to 14 years. The court has also previously stated that penalties on drug dealers and sellers and those who make a living out of selling the drug will be especially severe because they are at the heart of drug trafficking in this country.

Maximum penalty as I have stated is now 14 years for possession. Considering all the circumstances of your case 5 years is the appropriate start point for penalty. I upgrade that to 6 years to reflect your previous drug convictions. I deduct from that 6 year term one-third for your guilty plea, that reduces it from 6 to 4 years. There are no other factors Malu for which a deduction should be made in your case except for your remand in custody time.

For this offence you will be convicted and sentenced to 4 years in prison remand in custody time to be deducted.

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