Police v Fonoti [2014] WSSC 160 (4 August 2014)

IN THE SUPREME COURT OF SAMOA
Police v Fonoti [2014] WSSC 160

Case name:	Police v Fonoti
Citation:	[2014] WSSC 160
Decision date:	04 August 2014
Parties:	POLICE (Prosecution) LILIENI FONOTI, female of Saasaai and Sina-tai (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:	For this matter you will be convicted and sentenced to 6 months in prison. My advice to you is when you get out of prison find another way to support your children Lilieni.
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:

LILIENI FONOTI, female of Saasaai and Sina-tai
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 04 August 2014

SENTENCE

1. The defendant appears for sentence having pleaded guilty to being in possession of 23 marijuana cigarettes on 12 July this year. Police summary of facts admitted by her this morning indicates she is a 40 year old female of Sasaai and Faleasiu, married with 7 children. The complainant in this matter is a police officer.
2. The summary states that on an occasion earlier this year the complainant was at a shop at Vaitele when he overheard the defendant telling two men that she had $5.00 stuff for sale. He became suspicious but the defendant denied any wrongdoing. However on the day in question, Saturday 12 July at about 2:00 p.m. the complainant was again at another shop this time at Faleasiu. She was standing on the left side of the shop. The complainant suspected that she was selling marijuana. The complainant gave $5.00 to his cousin and told him to go to the defendant and ask to purchase some marijuana. The complainants cousin returned and told the complainant the defendant said the marijuana was all finished. So the complainant approached the defendant and took her to his house located next door to the shop. The defendant at that time was carrying a bag. The complainant noticed the defendant was trying to conceal something under another bag in his house. He checked the bag and saw it had marijuana cigarettes. He questioned the defendant what were these. The defendant told him it was marijuana. The complainant asked her how many, she told him 20 cigarettes. She also begged the complainant not to report her to the police authorities as this was the only source of income for her children.
3. The complainant called the Faleolo police and the defendant was taken to the Faleolo police post where she was searched. A further 3 marijuana cigarettes was found on her making the total of 23 marijuana cigarettes she has been charged with.
4. It is clear from these facts the defendant is a seller of marijuana. Someone who “tuleis” (pushes) the drug for commercial gain. The courts sentencing policy on people who sell marijuana cigarettes is clear and should not be misunderstood by the public. You become involved in selling marijuana you go to jail.
5. The fact that Lilieni is a mother of 7 children is not going to save her from that. The maximum penalty Lilieni for possession of narcotics is 14 years in prison. Considering the quantity and other circumstances of your offending a 12 to 24 months start point is appropriate. I will exercise some leniency on you Lilieni for the sake of your 7 children and start at the lower end of the scale. From that I will deduct one-quarter of your penalty a period of 3 months for your guilty plea. That leaves a balance of 9 months imprisonment. You have a clean criminal record. You have a good background as outlined in the pre-sentence report. There are good character references attached to that report from your faifeau and other people. For those facts Lilieni I will deduct a further 3 months from your sentence leaves 6 months in prison.
6. For this matter you will be convicted and sentenced to 6 months in prison. My advice to you is when you get out of prison find another way to support your children Lilieni.
   

JUSTICE NELSON