Police v Ioane [2012] WSSC 124 (26 October 2012)

SUPREME COURT OF SAMOA

Police v Ioane [2012] WSSC 124

Case name: Police v Norman Ioane

Citation: [2012] WSSC 124

Decision date: 26 October 2012

Parties: POLICE (prosecution) and NORMAN IOANE male of Togafuafua and Malie

Hearing date(s): 1 and 4 October 2012

File number(s):

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): JUSTICE SLICER

On appeal from:

Order:

Representation:
E Niumata for prosecution
Defendant in person

Catchwords:

Words and phrases:

Legislation cited:
Narcotics Act 1967, ss.7 and 18

Cases cited:
Police v Masame [2007] WSSC 92
Police v Viali [2009] WSSC 75
Police v Sione Auau (24 February 2012)
Police v Junior Elisaia (16 April 2012)

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN
POLICE
Prosecution
AND
NORMAN IOANE male of Togafuafua and Malie
Defendant

Counsel: E Niumata for prosecution

Defendant in person

Hearing: 1 and 4 October 2012

Reasons: 4 October 2012

Sentence: 26 October 2012

Charge: Possession of Narcotics (x1)

SENTENCE OF SLICER J

1. Norman Ioane (“Norman”) has been found guilty of the statutory offence of knowingly having in his possession a quantity of cannabis, contrary to the Narcotics Act 1967 sections 7 and 18.
2. The facts giving rise to the prosecution and conviction have been stated in the ex tempore reasons for decision delivered on 4 October 2012 and require no restatements. The quantity of marijuana recovered by police was considerable, consisting of marijuana branches and rolled up leaves, weighed at 24 grams and 16.9 grams respectively. The prosecution accepts, for the purpose of sentencing, that the cannabis was for personal use and not commercial.
3. The Court ordered a pre sentence report which was supplied on 24 October 2012.
4. The defendant had been remanded in custody from 27 December and the record suggests that he was in custody until 16 January 2012. But the same record shows that he was further remanded since he did not appear on 16 January and a warrant was issued. That suggests that he had been granted bail for that period. On 28 February, he further was remanded in custody until 27 March 2012, when he was allocated a trial date and granted bail. The position is unclear but for the purpose of sentence the Court will allow him credit for the period of 2 months for time already served. Allowance is made for this period because even if he was bailed for a short period, the problems of imprisonment release and re-imprisonment itself causes a defendant difficulty in adjustment.
5. The pre sentence report records that the defendant is aged 34 and that he has been a good provider for his family but has separated from his partner, who has returned with their three children to her family. The probation service recommends the imposition of a community based sentence.
6. The prosecution submits a starting point of 6 months imprisonment on the basis of the quantity of the narcotics in his possession and his prior conviction for possession of narcotics in 2004.
7. The prosecution refers to cases such as Masame [2007] WSSC 92, Viali [2009] WSSC 75, Sione Auau (24 February 2012) and Junior Elisaia (16 April 2012) in support as being relevant to the sentence.

Mitigation

8. The defendant is remorseful for his conduct. The appropriate sentence is that of 4 months imprisonment using the starting point of 6 months discounted for his conduct in obtaining employment and supporting his extended family. He is not entitled to the benefit of a plea. The actual sentence, allowing for time served (one of 2 months already), will be that of 2 months imprisonment.

ORDERS:

(1) Norman Ioane is convicted of the offence of possession of narcotics.
(2) Norman Ioane is sentenced to a term of imprisonment for a period of 2 months; such sentence to commence as and from 4 October 2012.

..............................

(JUSTICE SLICER)