IN THE SUPREME COURT OF SAMOA
Police v Mikaele [2014] WSSC 108

Case name: 	Police v Mikaele	
		
Citation: 	[2014] WSSC 108	
		
Decision date: 	15 December 2014	
		
Parties: 	The Police (Prosecution)
Luai Ioane Mikaele (Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Courthouse, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:		Convicted and sentenced to 12 months in prison.  But remand in custody time awaiting sentence is to be deducted from that.  	
		
Representation: 	O Tagaloa for prosecution
T Peniamina for defendant	
		
Catchwords: 	Possession – marijuana seeds, marijuana seeds	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:	

LUAI IOANE MIKAELE male of Salelavalu and Samatau.
Defendant

Counsel:	O Tagaloa for prosecution
T Peniamina for defendant

Sentence:	15 December 2014

SENTENCE
	1.	By judgment dated 28 November 2014 the defendant was found guilty of being in possession of 1,576 seeds of marijuana.  Seeds were found hidden in the lau of the fale occupied by the defendant and his wife at Salelavalu Savaii.  And were discovered in the course of a police raid on the property on 18 March 2014.  A raid which netted other narcotics belonging to the defendants wifes father who owns the land.  The seeds were contained in a plastic packet concealed above the mosquito net of the defendant and his wife.  The evidence showed the defendant and the wife moved into the fale a few months prior to the police raid.  
	2.	This is a substantial quantity of seeds.  By law the maximum penalty for possession of marijuana seeds is 14 years in prison.  Which is indicative of the seriousness of the offending. This community is in the middle of a war on illegal narcotics.  The use of marijuana has become extremely wide spread.  The use of harder drugs is now emerging.  It is unfortunate but as shown by overseas experience it is an inevitable trend.   
	3.	At the heart of the marijuana problem are the growers.  The defendants possession of such a large quantity of seeds indicates he either is a grower or is a person who procures and sells seeds to growers.  An imprisonment penalty is required for this matter as a personal and general deterrent so that those involved in the marijuana trade should be aware involvement in narcotics is a pathway to prison.  
	4.	Prosecution have suggested the penalty should start at 2 years in prison.  I think in the circumstances that is too high I will start sentence at 18 months which is more appropriate.  For your good background of service to your family and community as contained in the pre-sentence report and to reflect your clean record and in acknowledgement of the references provided from your faifeau and also your pulenuu, I will deduct 6 months from that start point of sentence leaves 12 months.
	5.	For possession of these seeds you are convicted and sentenced to 12 months in prison.  But remand in custody time awaiting sentence is to be deducted from that.  
JUSTICE NELSON