Police v Samoa [2011] WSSC 9 (31 January 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

LOLAGI SA'U SAMOA
male of Apolima-uta.
Defendant

Counsel: Ms F E Niumata for prosecution
Ms L Tamati (on behalf of Mr L T Masepa'u) for defendant

Sentence: 31 January 2011

SENTENCE

This defendant appears for sentence on a charge of cultivating marijuana plants stated to be nine in total. Police summary of facts says he is 37 years of age from Apolima married with two children. Further that on Wednesday 22 December 2010 the police received an anonymous tip that there were marijuana plants behind the defendants bakery at Apolima. They effected a search of the area and discovered the nine marijuana plants.

The defendant admitted to owning these plants and the plants are stated in an addendum to the summary of facts which has been accepted by counsel for the defendant to be all around 2ft but with varying width. I am sure the defendant has heard what I have just stated in the previous sentencing of Pol v Malu Poliko about drug offending. Those comments apply equally to his case with the rider that those who cultivate marijuana will also receive similar treatment because growers of marijuana are also at the heart of the marijuana problem in this country. Parliament increased the penalty for cultivation of marijuana from 7 to 14 years not very long ago, an indication of their concern about not only the drug problem generally but also drug growing in particular. And to this end the defendant should be made aware that it does not matter why you are growing marijuana whether it is for personal use or some other reason, Parliament has made it an offence to grow it, end of story. Those who cultivate the crop therefore can expect to receive stern treatment from the court.

Considering all the circumstances of your matter a 3 year starting point for penalty is appropriate. From that I deduct one-third for your guilty plea leaving a balance of 2 years. From that two years I deduct 1 year to reflect that this is your first criminal offence and to reflect your previous good character and background which is fully address by the Probation report and your counsel. That leaves a balance of 12 months in prison. I have been given written confirmation from the Probation office that you have also had to pay a penalty to the village council for this offending I therefore make a 25% reduction from the remaining term of 12 months which leaves a penalty of 9 months in prison. There are no other factors that require an allowance to be made for this matter you will be convicted and sentenced to 9 months in prison which is perhaps appropriate since you had 9 plants.

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