Police v Efulu [2012] WSSC 31 (23 March 2012)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SEFO SEFULU male of Sataoa, Fasitoo-tai and Vaipu'a.
Accused

Counsel: T Toailoa for prosecution
Accused in person
Sentence: 23 March 2012

SENTENCE

The charges

1. The accused appears for sentence on two charges, one of possession of narcotics and one of giving narcotics. Both offences carry a maximum penalty of 14 years imprisonment. The accused pleaded guilty to both charges at the earliest opportunity.
   

The offending

2. On 16 April 2011 at around 1.00pm, a police officer was accompanying the accused at the Fugalei market when he noticed the accused drop a small plastic packet from his pocket. The police officer picked up the packet and it was found to contain 150 marijuana seeds and marijuana leaves weighing 9.4grams estimated to make up 13 cigarettes.
   
3. Then on 6 January 2012 at Lotofagā, Safata, the accused approached a neighbour and gave him a newspaper wrapping. It was found to contain 5 green branches of marijuana weighing 7.8 grams and estimated to make up 11 cigarettes. The accused's neighbour held on to the marijuana substances and called the police.
   

The accused

4. The accused is a 46 old male from Sataoa, Safata, and other villages. He is a planter. It appears from his pre-sentence report that he admitted to the probation service that he started smoking marijuana since his early thirties as it makes him 'feel good and relaxed' when he is working on his plantation. He also says that it helps him to control his temper when he is upset.
   
5. The accused says that he had bought all these narcotic substances from someone else at the Fugalei market.
   
6. The accused has expressed remorse to the probation service and to the Court. He obviously owned up to his offences which is also shown from his guilty plea at the earliest opportunity. He is a first offender.
   

Mitigating factors

7. There is no mitigating factor relating to the offending but there are two mitigating factors relating to the accused as offender. These are his guilty plea to the charges against him at the earliest opportunity and the fact that he is a first offender.
   

Aggravating factors

8. There are three aggravating factors relating to the offending. The first are the quantities of marijuana substances found in the accused's possession in relation to both charges, the second is that there are two separate offences, and the third is that with regard to the second offence the accused gave marijuana substances to a different person making him a potential offender.
   

The decision

9. With regard to the first offence, I will take 2½ years as the starting point for sentence. I will deduct 1/3 or 10 months for the early guilty plea, that leaves 20 months. I will deduct a further 4 months for the fact that the accused is a first offender. That leaves 16 months. The accused is convicted and sentenced to 16 months imprisonment for this offence.
   
10. For the second offence, I will take 7 months as the starting point for sentence. I will deduct 1/3 or 2 months for the early guilty plea. That leaves 5 months. The accused is convicted and sentenced to 5 months imprisonment on this charge.
    
11. The two sentences of 16 months imprisonment and 5 months imprisonment are to be cumulative. The accused is therefore to serve a total sentence of 21 months or 1 year and 9 months imprisonment. The time he has been in custody pending the outcome of this matter is to be deducted from that sentence.
    

CHIEF JUSTICE

Solicitor
Attorney-General's Office, Apia for prosecution