Police v Ikoke [2013] WSSC 113 (27 June 2013)

SUPREME COURT OF SAMOA

Police v Ikoke [2013] WSSC 113

Case name: Police v Ikoke

Citation: [2013] WSSC 113

Decision date: 27 June 2013

Parties: POLICE (prosecution) and ROMA IKOKE male of Alamagoto and Salelologa

Hearing date(s): 21 and 24 June 2013

File number(s):

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): JUSTICE SLICER

On appeal from:

Order:

Representation:
E Niumata and O Tagaloa for prosecution
Defendant in person

Catchwords:

Words and phrases:

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

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

POLICE

Prosecution

AND

ROMA IKOKE male of Alamagoto and Salelologa

Defendant

Counsel: E Niumata and O Tagaloa for prosecution

Defendant in person

Hearing: 21 and 24 June 2013

Sentence: 27 June 2013

Charge: Possession of Narcotics (x1)

SENTENCE OF SLICER J

1. Roma Ikoke has pleaded guilty to the Possession of Narcotics contrary to the Narcotics Act 1967 sections 7 and 18, comprised in Informations S2082 of 2012.
2. Three other Informations S2067, S2068 and S589 of 2012 were dismissed.
3. On 5 December 2011, he was found at Salelologa market in the possession of:
   • (1) a plastic bag containing 15 dried marijuana branches and leaves; and
   • (2) a small handbag containing 32 small plastic bags of dried marijuana leaves.
4. The quantity of the narcotics shows that most, if not all, of the substances was for economic gain.
5. The offender is caused a member of the village committee to be suspicious and when apprehended, the defendant fled, leaving the village man in possession of a waist bag, inside of which was found the narcotics. The package was immediately given to police.
6. The defendant pleaded not guilty but at the conclusion of the evidence of the villager, changed his plea to that of guilty. He is entitled to some of the benefit of a plea but not entirely.
7. He has been provided with good references from his pastor, father and the pulenu’u of his village.
8. The defendant aged 29, is not married and has no children. He is employed. He cares for his father now aged 75.
9. The prosecution refers to similar cases and suggests the appropriate penalty to be 3 years imprisonment. The value of the bags of marijuana was commercial and its value on the street about SAT$150.00. The value of the branches is unknown to the Court which will assume the total value to be more than SAT$300.00. He has a previous conviction for a narcotics offence.
10. The Court believes that a sentence of 3 years is excessive. He has spent some 3 weeks in custody awaiting trial. The Court will take that period into account.
11. The defendant was dealing in narcotics for commercial gain. The appropriate sentence is 12 months imprisonment, reduced to 11 months for time served.

ORDERS:

(1) Roma Ikoke is convicted of the offence of Unlawful Possession of Narcotics.
(2) Roma Ikoke is sentenced to a term of imprisonment for a period of 11 months; such sentence to commence as and from 21 June 2013.
(3) The Court recommends, in accordance with the wishes of his father, that the sentence be served at the Vaiaata Prison in Savaii.

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

(JUSTICE SLICER)