Police v Aiulu [2014] WSSC 119 (10 March 2014)

IN THE SUPREME COURT OF SAMOA
Police v Aiulu [2014] WSSC 119

Case name:	Police v Aiulu
Citation:	[2014] WSSC 119
Decision date:	10 March 2014
Parties:	Police (Prosecution) Tasi also known as Kitiona Aiulu, male of Sapulu Faleasiu. (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 charge of possession of this quantity of marijuana you will be convicted and sentenced to 2 years in prison.
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:

TASI also known as KITIONA AIULU, male of Sapulu Faleasiu.
Defendant

Counsel: G Nelson for prosecution
Defendant unrepresented

Sentence: 10 March 2014

SENTENCE

1. The defendant appears for sentence having pleaded guilty to a charge that at Sapulu Faleasiu on 31 January this year he was in possession of thirteen (13) clear seal plastic bags filled with loose leaves of marijuana. Total weight of the marijuana is 44.7 grams enough to make over sixty (60) marijuana cigarettes.
2. The police summary of facts admitted to by the defendant this morning says he is 43 years of age of the village of Sapulu Faleasiu, single no children but supports his family by working on the family plantation. He told the probation office he has long been a consumer of marijuana because it gives him energy and relieves him from stress.
3. On the date in question the police received an anonymous call telling them the defendant was selling marijuana in his village. The caller was expressing concern the defendant sold most of his product to youths of the village. At 5:00 am on 31 January 2014 the police raided the defendants home acting on this information. The defendant was sleeping at the time. The police searched the premises and in one of the rooms they found a black waist bag containing the marijuana in question. Defendant confirmed to the police this was his marijuana. When he was interviewed at the Faleolo Police Station he told the police that he used the marijuana to sell to people in the village.
4. In case the defendant is not aware there is a sentencing policy applied by the court in relation to marijuana offending. Because it is a prevalent offence and because it is a serious offence it will be met by stern treatment from the court. And if you sell marijuana or deal in the drug you will definitely be met by an imprisonment penalty. That is in line with Parliaments decision to increase the penalty for possession from 7 to 14 years. Defendant here is an admitted seller of marijuana. So there is no question he must go to jail. I suggest to the defendant that when he is released he find another way of making a living. Otherwise Tasi you will just keep being sent to jail.
5. The maximum penalty laid down by Parliament is 14 years. Prosecution says a 5 years start point should be imposed on you because you are a drug dealer. There is some justification for a high start point. The start point must reflect the criminality of each case. Here the quantity of the drug found on you is relevant.
6. An adopted start point that is appropriate is therefore 3 years. You are entitled to certain deductions Tasi which I will now make for you. For your guilty plea a one-quarter reduction from sentence that is a period of 9 months leaves a balance of 27 months. You are not a first offender but you do have a good background according to your probation pre-sentence report. For that I will deduct 3 months from the balance leaves 24 months. There are no other deductions Tasi that can be made for your matter.
7. On the charge of possession of this quantity of marijuana you will be convicted and sentenced to 2 years in prison. Ae poloaiga e aveese le taimi lea sa e nofo taofia ai e faatalitali le faaiuga o le mataupu lenei.
   

JUSTICE NELSON