Police v Apineru [2011] WSSC 80 (30 May 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

GATAAGA TUAOI APINERU
aka GATAAGA NOTOA TITI
male of Taga and Faleatiu.
Defendant

Counsels: Ms F E Niumata for prosecution
Defendant unrepresented.

Sentence: 30 May 2011

SENTENCE

This defendant has pleaded guilty to being knowingly in possession of two plastic bags containing 100 branches of dried marijuana leaves and 10 branches of dried marijuana leaves respectively and also being in possession of one packet of pall mall with dried marijuana leaves.

The summary of facts which the defendant has accepted is that he is a 30 year old male of Taga and Faleatiu married with three children and is a carpenter. On Wednesday 02nd March this year the Tuasivi Police received information from an informant that the defendant was arriving at Salelologa on the ferry and he was suspected to be in possession of marijuana. A description of the defendant was given to the police including what he was wearing.

The police headed to the wharf to await the ferry and when the boat docked they easily spotted the defendant. Who was at the time carrying a back-pack. The police approached him and advised him they had reasonable cause to suspect he was in possession of illegal narcotics and he was accompanied off the ferry by the police, taken to Tuasivi Police Station where he was searched. Inside the back-pack they discovered the plastic bags containing the 100 and 10 branches of marijuana leaves as well as the packet of pall mall with loose marijuana leaves inside. Total weight of the 100 branches was 156.5 grams and of the 10 branches and the loose leaves 58.5 grams.

The defendant was cautioned as to his rights and interviewed by the police and during the interview he admitted to buying the marijuana from a third party with the intention to sell the narcotics at Taga to earn money for himself and his family. The defendant himself in his plea in mitigation this morning advised that he intended to sell these drugs in order to pay for his family expenses and bills. The problem with all that is the defendant is gravely mistaken as to the option he chose to pay for his bills. There are other legal ways to make money to pay for your familys bills and I am sure the defendant is well aware of that.

Drug offending is the most prevalent offence coming up before the court these days. Parliament has increased the penalty for drug offending generally from 7 to 14 years. And the court has stated time and time again the penalty for drug dealing for commercial purposes or monetary gain will be particularly severe. As stated in Police v Mealofa [2011]WSSC 34 a case earlier this year the 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 of marijuana possession from 7 to 14 years. And possession of marijuana for the purpose of sale will surely earn a person a ride on the Tafaigata express. For your information Gataaga recent examples of marijuana penalties have been for 59 bags in Police v Poliko (unreported) dated 31 January 2011, 4 years in prison for a repeat drug offender caught selling marijuana at Fugalei Market, in Police v Matatufu (unreported) dated 28 February 2011, a case involving 255 branches of marijuana being sold the defendant received 3 years 8 months in prison, and Police v Soloi (unreported) dated 16 February 2011, a case involving 203 branches of marijuana a similar penalty of 3 years 8 months was imposed. Your case is similar to those cases.

You have been found in possession of a considerable quantity of marijuana and your expressed purpose for that possession was to sell it for money. In respect of this offence you will be accordingly convicted and sentenced to 3 years in prison. But your remand in custody time since the 02nd of March this year will be deducted from that Gataaga. I le tulaga lea o lau talosaga i le mea e tuli ai lau faasalaga o le mataupu lena e gafa ma le ofisa o le falepuipui. Faaoo ia latou lau talosaga tusa ai ma le faamatalaga lea na aumai ile taeao nei i le mea e fia tuli ai lau faasalaga. A'o le mataupu lena e leai se aia a le faamasinoga iai. O le mataupu lena ale ofisa o leoleo o latou e vaaia le falepuipui. Ua e malamalama? (defendant indicated he understood).

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