Police v Lasalo [2011] WSSC 99 (11 July 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

SAMUELU TIATIA LASALO aka LOTA LASALO male of Satapuala and Gataivai.
Defendant

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

Sentence: 11 July 2011

SENTENCE

The summary of facts in this matter which the defendant has admitted says that he is a 26 year old male of Vailele, married and is unemployed. The defendant accepted that summary of facts but did state that he wishes to correct his status, he is single and he has no children.

The summary says that on 20 April this year about 2:30pm the police received information from an informant that the defendant was in possession of marijuana at the Mulifanua wharf and the police were given a description of what the defendant was wearing and the fact that he was carrying a black bag. The police headed towards the Mulifanua wharf and there they found the defendant, arrested him and conducted a search of his person. Nothing was found on his person but in his bag was discovered 9 branches of dried marijuana leaves total weight 35.8 grams, 3 marijuana cigarettes and one plastic bag filled with loose dried marijuana leaves total weight 37.1 grams. The defendant was charged with possession of these illegal substances and he has pleaded guilty to that charge. That offence carries a maximum penalty at law of 14 years in prison.

The offending is serious and the courts policy has been referred to in many previous cases most recently in Police v Matatufu [2011] WSSC 30. There it was stated that drug offending is at present one of the most prevalent offences in our community. And that the critical message this court must continue sending to the community is that if you involve yourself in drugs that is a sure pathway to prison. And in respect of those who deal in, distribute, sell or as commonly referred to as "tulei" drugs, for those people the penalties will be particularly severe. It was noted thereto and it is worth repeating that Parliament has increased the penalty for marijuana possession from 7 to 14 years in order to try and curb our growing marijuana problem. The quantity possessed by the defendant in this case is obviously more that was required just for recreational use. And he must be dealt with on that basis and his sentence must reflect the totality of his offending.

An appropriate start point considering all factors of your case is 5 years in prison. But from that should be deducted one-third of sentence for your guilty plea which has saved the courts time and resources. That reduces your term from 60 months to 40 months. For clean record and the fact that this is your first offence I deduct a period of 12 months leaving therefore a balance of 28 months. There are no other factors in your favour that require an allowance for sentence. For this matter you will be convicted and sentenced to 28 months in prison but your remand in custody time is to be deducted from that.

JUSTICE NELSON