Police v Mapu [2012] WSSC 14 (10 April 2012)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SUA MAPU
male of Vailele and Ulutogia Aleipata.
Accused

Counsel: P Valoia for prosecution
Accused in person

Sentence: 10 April 2012

SENTENCE

The charge

1. The accused is charged with possession of narcotics pursuant to s.7 of the Narcotics Act 1967. The maximum penalty for this offence is 14 years imprisonment under s.18 of the Act. The accused pleaded not guilty. At the trial he was found guilty. He now appears for sentence.
   

The offending

2. On Tuesday evening 12 February 2012 at about 8:00pm in the evening, the police received a call from a woman at Vailele about a member of her family being in possession of marijuana substances. These marijuana substances were wrapped in a foil. It consisted of four branches of dried marijuana leaves and five marijuana seeds.
   
3. When the police arrived at Vailele at where the call came from, they were given marijuana substances wrapped in a foil by the woman who called the police. At that time, the accused was having a shower. After the accused had had his shower, dried himself, and put on his clothes, the police escorted him to their vehicle and brought him to the Apia police station.
   
4. The evidence given by members of the accused's family show that the accused is a regular consumer of marijuana. When the accused gave evidence, he said he went to sell empty bottles at the market in Apia when a person came and asked him for money in exchange for marijuana. It was that person from whom he bought the marijuana substances with which he has been charged.
   

The accused

5. The accused is a 41 year old male of Vailele and Ulutogia. His real village is Ulutogia but he stays with his aunt's family at Vailele. He is unemployed but a regular consumer of marijuana.
   
6. According to the pre-sentence report, the accused's family at Ulutogia have prohibited the accused from coming near their family again because of his marijuana smoking habits which is a bad influence on the children of his family. The accused's family at Vailele have also expressed displeasure with the accused because of his marijuana smoking habits.
   
7. The accused, however, is a first offender even though he has been a regular consumer of marijuana for some time.
   

Mitigating factor

8. Even though the accused is a first offender, he was not a person of good character prior to the commission of this offence. He had been a regular consumer of marijuana for some time. I will therefore give him very limited credit on this basis.
   

The decision

9. Having regard to the maximum penalty of 14 years imprisonment for possession of narcotics, the need for deterrence for this type of offence, and the extent of the criminality in this offending, I will take 8 months as the starting point for sentence. I will deduct 1 month due to the fact that the accused is a first offender though not a person of previous good character. That leaves 7 months.
   
10. The accused is sentenced to 7 months imprisonment. Any time he has spent in custody pending the outcome of this matter is to be further deducted from that sentence.
    

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CHIEF JUSTICE