Police v Leaumau [2014] WSSC 167 (25 August 2014)

IN THE SUPREME COURT OF SAMOA
Police v Leaumau [2014] WSSC 167

Case name:	Police v Leaumau
Citation:	[2014] WSSC 167
Decision date:	25 August 2014
Parties:	POLICE (Prosecution) VINI LEAUMAU, male of Vaipuna (Defendant)
Hearing date(s):	-
File number(s):	S608/14, S908/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	You will be convicted on the charge of possession of marijuana S908/14 and sentenced to 4 years in prison. Any time in custody awaiting sentence is to be deducted from that period. In respect of the other charge of possession of 332 seeds S608/14 convicted and sentenced to 2 years in prison. But that term is to run concurrent to your other term so you will spend 4 years in prison minus your remand in custody time.
Representation:	O Tagaloa for prosecution L R Schuster 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:

VINI LEAUMAU, male of Vaipuna.
Defendant

Counsel: O Tagaloa for prosecution
L R Schuster for defendant

Sentence: 25 August 2014

SENTENCE

1. The defendant appears for sentence on a number of drug charges. Firstly S908/14 that on the 6^th of February this year he was found in possession of ninety two (92) small plastic bags of loose leaves of marijuana plus ten (10) branches of marijuana and one clear plastic bag of marijuana loose leaves. The police summary of facts says this was enough marijuana to make 327 cigarettes approximately. He has also pleaded guilty to S608/14 which says that he was on the same date found in possession of three hundred and thirty two marijuana seeds (332). He is a 29 year old male of Vaipuna single and has no children.
2. On the day in question the police went to the defendants house to execute a search warrant for drugs. When they arrived at the house about 4:00 pm they found the defendant and another man sitting on the front veranda. When the two men saw the police vehicle enter their compound they ran off and police gave chase. The defendant was carrying two (2) bags. He was caught by police officers behind his house and he threw away the bags. The police recovered the bag and the marijuana seeds and leaves were found in the bags.
3. The defendant is said in the police summary of facts to have a record of previous convictions for similar offending. But this record has not been produced before the court despite requests. His counsel has submitted that the defendant is not in the business of selling marijuana. Although he has accepted that he is a user of narcotics.
4. But the existence of the defendants record does not appear to be disputed and the considerable quantity involved in this case indicates the defendant is involved in the drug trade. The court also notes that amongst the drugs found in his possession were three hundred and thirty two (332) seeds. I have therefore come to the conclusion the defendant should be sentenced on the basis that he is a drug dealer.
5. The courts attitude to drug dealers should be well-known to this community by now. You involve yourself in the commerce of the narcotics trade you are guaranteed to go to prison. Because drug dealers are at the core of the growing narcotics problem in our country. That is why Parliament recently increased the penalty for marijuana possession from 7 to 14 years.
6. Considering all relevant factors an appropriate start point would be 6 years in prison. Had your previous drug record been produced that start point would have been upgraded appropriately but I cannot do such an upgrade in the absence of the record. I will therefore commence sentencing at 6 years in prison.
7. The main factor in your favour Vini is you have pleaded guilty and saved the courts time. I give you full credit for that I will allow one-quarter of the penalty. That is a period of 18 months. That leaves a balance of 54 months. In relation to your pre-sentence report you have a relatively good report and there are various testimonies attached to that report. In acknowledgement of those matters I will deduct a further 6 months from the balance of your sentence leaves 48 months. There no other deductions you qualify for Vini.
8. You will be convicted on the charge of possession of marijuana S908/14 and sentenced to 4 years in prison. Any time in custody awaiting sentence is to be deducted from that period.
9. In respect of the other charge of possession of 332 seeds S608/14 convicted and sentenced to 2 years in prison. But that term is to run concurrent to your other term so you will spend 4 years in prison minus your remand in custody time.
   

JUSTICE NELSON