Police v Nifae [2014] WSSC 152 (14 July 2014)

IN THE SUPREME COURT OF SAMOA
Police v Nifae [2014] WSSC 152

Case name:	Police v Nifae
Citation:	[2014] WSSC 152
Decision date:	14 July 2014
Parties:	POLICE (Prosecution) TILIGA NIFAE, male of Salelavalu. (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 the two narcotics charges you have pleaded guilty to you will be convicted and sentenced to 3 years in prison for each charge. Terms to be served concurrently but your remand in custody time is to be deducted
Representation:	O Tagaloa for prosecution D Roma for defendant
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TILIGA NIFAE, male of Salelavalu.
Defendant

Counsel: O Tagaloa for prosecution
D Roma for defendant

Sentence: 14 July 2014

SENTENCE

1. The defendant appears for sentence having pleaded guilty to being in possession of 2,190 marijuana seeds and two plastic bags containing 379 marijuana cigarettes. The police summary of facts which the defendant has accepted through counsel indicates that he is a 42 year old male of Salelavalu married with 7 children.
2. Tuasivi Police in the early hours of 18 March this year acting on information went to search the house of the defendant at about 7:00 am in the morning. The defendant was at that time on the premises. The police search of the premises discovered an unused fridge locked in chains located behind the main house. They opened the fridge and inside they found the 2,190 marijuana seeds in plastic packets and the two plastic bags containing the 379 marijuana cigarettes.
3. Clearly the presence of such a large quantity of narcotics chained up in an unused fridge is a strong indicator that the defendant is involved in the narcotics trade, this time in the island of Savaii. The large quantity involved in this case reinforces that view. No doubt the defendant has heard from the previous sentencing how the courts take a very stern view of dealers in illegal narcotics in this country. And how recently Parliament has doubled the penalty for possession of marijuana from 7 to 14 years. This applies not only to possession of marijuana cigarettes and leaves but also marijuana seeds. No doubt the defendant had heard that the court will continue to impose custodial sentences on those who are caught dealing and been involved in the marijuana trade in this country.
4. Prosecution have suggested that for your case the start point for sentence should be 6 years in prison. I think that is too high considering the circumstances of your case. The appropriate start point would be 5 years. I will deduct one-quarter of that sentence to reflect your guilty plea in this matter namely 15 months leaves a balance of 45 months.
5. To reflect the fact that you have a good background of service to your family your nuu and your ekalesia as outlined in the pre-sentence report and confirmed by testimonials from your pulenuu and faifeau. And for these purposes I will ignore your previous convictions in 2002 because that was for a different kind of offence. To take account of all those factors I will deduct a further 6 months from your balance of sentence leaves 39 months.
6. It has also been confirmed to the court Tiliga that your village council has imposed a sala on you and your family which has been paid. To take account of that I will deduct 3 months from the balance of your term leaves 36 months.
7. There are no other deductions which can be made for your sentence Tiliga. In respect of the two narcotics charges you have pleaded guilty to you will be convicted and sentenced to 3 years in prison for each charge. Terms to be served concurrently but your remand in custody time is to be deducted.
   

JUSTICE NELSON