Police v Elia [2014] WSSC 120 (10 March 2014)

IN THE SUPREME COURT OF SAMOA
Police v Elia [2014] WSSC 120

Case name:	Police v Elia
Citation:	[2014] WSSC 120
Decision date:	10 March 2014
Parties:	Police (Prosecution) Pelepesite Elia, male of Salelologa and Fagasa. (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:	In respect of this matter the defendant will be convicted and ordered to pay the following sums: firstly a fine of $500, secondly police costs $50, probation office costs of $50, the defendant will be given 7 days from today to pay this fine in default he will serve 6 months 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:

PELEPESITE ELIA, male of Salelologa and Fagasa.
Defendant

Counsel: G Nelson for prosecution
Defendant unrepresented

Sentence: 10 March 2014

SENTENCE

1. Pelepesite appears for sentence on a charge of found in possession of eight (8) bullets of marijuana and one rolled cigarette. To that charge he has pleaded guilty. The police summary of facts which he accepts says he is 36 years of age from Salelologa and Fagasa married with children and is a faifaatoaga.
2. It says that he was spotted by two police officers on the Vaiimoana bus travelling from Salelologa to Asau giving marijuana to one of his friends. The police officers took the bus to the Asau police post where the defendant was body searched and discovered on him was the one cigarette and the eight (8) bullets of marijuana.
3. The defendant was immediately arrested and charged with possession of those substances. A charge as stated that he has pleaded guilty to. This is not the defendants first court appearance. He has appearances for other offences but they are of a different kind to the one presently before the court.
4. No doubt Pelepesite you have heard what the court has said about its sentencing policy in relation to marijuana possession. Especially drug dealers who will be sent to jail almost automatically. If the facts showed that you were a drug dealer you would have joined them on the bus to Tafaigata today. However the police summary of facts shows that you bought this marijuana at the market. You were on your way home from work and that on the way you gave part of this marijuana to the friend of yours. There is no suggestion that you were selling. You should stay away Pelepesite from people who sell this drug. In fact you should stay away from marijuana altogether. You should think of your wife and children next time.
5. A e fia ulaula alu e fai sau lausului e te ula ai e lelei lena e le molia ai oe i luma o le tulafono. Ua e malamalama? (Defendant said yes). Ae sili ona e alo alo mamao mai ituaiga laau faasaina pei o le marijuana lea e aumai ai oe i luma o le faamasinoga. O lea o le a faasala tupe lau mataupu i le asō ae a toe aumai oe i se mataupu faapea i luma o le faamasinoga o lea ua iai le faamaumauga a le faamasinoga i lau solitulafono i mataupu faapenei. O lona uiga a toe aumai oe ia o le falepuipui a le faaiuga. Ua manino lea tulaga i lau susuga? (Defendant indicated he understood).
6. Because the quantity found on the defendant was substantial the fine must also be substantial. In respect of this matter the defendant will be convicted and ordered to pay the following sums: firstly a fine of $500, secondly police costs $50, probation office costs of $50, the defendant will be given 7 days from today to pay this fine in default he will serve 6 months in prison. Ua e malamalama i lau faaiuga Pelepesite? (Defendant said yes). Faafetai ua maea lau mataupu.
   

JUSTICE NELSON