Police v Talato [2014] WSSC 148 (3 July 2014)

IN THE SUPREME COURT OF SAMOA
Police v Talato [2014] WSSC 148

Case name:	Police v Talato
Citation:	[2014] WSSC 148
Decision date:	03 July 2014
Parties:	POLICE (Prosecution) FEULA TALATO, male of Ululoloa and Fasito’o-uta (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 cultivation of marijuana Feula you will be convicted and sentenced to 18 months in prison. A’o le taimi lea sa e nofo taofia ai Feula e faatalitali le faaiuga o le mataupu lenei e toese mai le 18 masina lea ua tu’u atu i lau faasalaga.
Representation:	O Tagaloa 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:

FEULA TALATO, male of Ululoloa and Fasito’o-uta.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 03 July 2014

SENTENCE

1. The defendant appears for sentence on a charge of cultivation of marijuana. The summary of facts which he admitted this morning says he is 27 years of age of Fasito’o-uta residing currently at Ululoloa works a plantation in order to support his mother and family.
2. On Tuesday, 15 April 2014 the police received information that the defendant was growing marijuana on his land. The police accordingly visited the house and informed the defendant and his family why they were there. The defendants relative showed the police officers where the marijuana was kept behind their shower over a little hill area behind the main house. The police found twenty eight (28) marijuana plants about 5 to 10 cm long.
3. They questioned the defendant if there were any more plants and the defendant took them to an ice cream container with eleven (11) seedlings of marijuana. The police also found in the same area five (5) buckets with one marijuana plant in each bucket. Thus making the total number of plants found on the defendants property forty four (44).
4. The defendant was arrested, taken to the police station where he was cautioned and interviewed. During which he admitted to cultivation of the plants. He told the probation office that he has been smoking marijuana for about 10 years now to release stress while working. And has done this over the objections of his mother and his family.
5. The defendant should understand that cultivation is a big part of the drug problem in Samoa. If there were no growers there would be no marijuana in this country. And there would be no drug problem of marijuana. A deterrent penalty is therefore required to discourage Feula from growing this sort of crop. And so that his friends and everyone else in the community know that if you do this you will be sent to prison by the court.
6. The maximum penalty for cultivating marijuana is 14 years in prison Feula. But considering all circumstances of your matter an appropriate start point for sentence is 3 years in prison. I will deduct a quarter of that term because you have pleaded guilty and saved the courts time and resources. That leaves a balance of 27 months. You have a good background of service to your aiga and your family and you have a clean criminal record. For that I will deduct a further 6 months leaves a balance of 21 months.
7. I believe there is some value in your mothers actions in trying to discourage you from growing marijuana. I do not know if sending you to prison will make you learn. But for her sake I will round off your sentence by deducting a further 3 months from your penalty leaves 18 months.
8. On the charge of cultivation of marijuana Feula you will be convicted and sentenced to 18 months in prison. A’o le taimi lea sa e nofo taofia ai Feula e faatalitali le faaiuga o le mataupu lenei e toese mai le 18 masina lea ua tu’u atu i lau faasalaga. Ua e malamalama? (Defendant indicated he understood).
   

JUSTICE NELSON