Police v Vanilau [2014] WSSC 113 (17 February 2014)

IN THE SUPREME COURT OF SAMOA
Police v Vanilau [2014] WSSC 113

Case name:	Police v Vanilau
Citation:	[2014] WSSC 113
Decision date:	17 February 2014
Parties:	Police (Prosecution) Farao Vanilau also known as Farao Saomai, male of Mutiatele. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the two drug charges you will be convicted and sentenced to 7 years in prison. But your time in custody awaiting sentence is to be deducted from that period. And because you used a rock on a police officer executing his duties Farao an imprisonment penalty is required for that charge as well. A 6 months penalty is in my view appropriate. However I will order that it be served concurrent to your other term based on the principle of totality of sentencing.
Representation:	G Nelson for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FARAO VANILAU also known as FARAO SAOMAI, male of Mutiatele.
Defendant

Counsel: G Nelson for prosecution
Defendant unrepresented

Sentence: 17 February 2014

SENTENCE

3. The defendant appears for sentence on two narcotics offences and one charge of assaulting a police officer. I will deal firstly with the more serious charges the narcotics matters. Which involves the defendant being found in possession of fifty five thousand eight hundred and fifty (55,850) seeds of marijuana and enough dried marijuana leaves to make six hundred and fourteen (614) cigarettes. As I told your uncle this morning Farao that is an extraordinary number of seeds and is probably the largest to come before the court. It is obvious that the defendant is not only a cultivator but a serious cultivator of the narcotic. A factor which must be reflected in the courts penalty.
4. The police summary of facts which the defendant admitted this morning says he is a 27 year old single male of Mutiatele Aleipata unemployed and was being sought by the police in relation to an assault on one of their officers. Police received information that the defendant and some friends were drinking at Mutiatele. So they waited till the session finished and around 4:00 am of the next morning they raided the defendants house and took him into custody. They also took a backpack belonging to the defendant. A search of the backpack at the police post at Lalomanu disclosed the fifty five thousand odd seeds and the loose leaves of marijuana weighing 429.9 grams estimated to be sufficient to produce six hundred and fourteen (614) cigarettes together with twelve (12) already rolled marijuana cigarettes.
5. The defendant has pleaded guilty to possession of these narcotics. The maximum penalty for possession of marijuana is now 14 years in prison under the Crimes Act 2013. A recognition by Parliament of the growth of the marijuana trade in this country. They have increased the maximum penalty in an effort to stamp out an undesirable trend. And from the quantity of narcotics found on him clearly the defendant is involved in the commercial sale and cultivation of marijuana.
6. The courts policy in relation to drug offences should be well-known by now to everyone. The message being consistently sent out is you involve yourself in drugs that is the pathway to the gates of Tafaigata Prison. You become a grower or dealer in marijuana you have placed yourself inside those gates.
7. In respect of the drug charges against the defendant an appropriate start point would be 10 years in prison considering the volume of drugs involved. From that start point you are entitled to deductions the first being for your guilty plea. Even though that guilty plea was entered late I will give you full credit nevertheless of one quarter of sentence as it has saved everyones time and a needless enquiry. That is a deduction of 2½ years from the 10 year start point leaves a balance of 7½ years. For your lack of any previous conviction and good background of family service, etc. as per the probation office pre-sentence report I will deduct 6 months. That leaves a balance of 7 years in prison. There are no other deductions Farao that can be made from your sentence.
8. On the two drug charges you will be convicted and sentenced to 7 years in prison. But your time in custody awaiting sentence is to be deducted from that period.
9. On the charge of assaulting of the police officer, it appears from the police summary of facts Farao that when the police came to see you over a family dispute you threw a rock at them. The rock hit the police officer but he deflected it with his hands so he does not appear to have received any serious injury.
10. However that charge too has a maximum penalty of 7 years in prison. And because you used a rock on a police officer executing his duties Farao an imprisonment penalty is required for that charge as well. A 6 months penalty is in my view appropriate. However I will order that it be served concurrent to your other term based on the principle of totality of sentencing.
    

JUSTICE NELSON