Police v Pio [2014] WSSC 188 (10 November 2014)

IN THE SUPREME COURT OF SAMOA
Police v Pio [2014] WSSC 188

Case name:	Police v Pio
Citation:	[2014] WSSC 188
Decision date:	10 November 2014
Parties:	POLICE (Prosecution) TOLUAO TUPUA PIO male of Magiagi and Faga Savaii. (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 offence Toluao you are convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted.
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:

TOLUAO TUPUA PIO male of Magiagi and Faga Savaii.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 10 November 2014

SENTENCE

1. This defendant appears for sentence having pleaded guilty to cultivating 33 small marijuana plants. Plants were found growing on the defendants property. According to the material before me they were discovered by the village council of the defendants village who referred the matter to the police. Because it is obviously important to them to prohibit behaviour of this kind in their village.
2. I commend the village council of Magiagi for their approach. All village councils should follow this example and I would ask the probation office to convey the courts remarks to the pulenuu.
4. Police summary of facts and the photographs produced by the police clearly show the plants were cultivated in the defendants garden. I do not accept what you said Toluao that they are not growing in your “togalaau”. This was a “fa’amiliga” of marijuana plants and that is clear from the photographs.
5. You are a grower of an illicit, illegal and prohibited drug. The courts have consistently stated that growers and dealers of this drug are at the heart of the marijuana problem in our country. Cultivation of marijuana is now punishable by 14 years imprisonment reflecting parliamentary concern over the widespread nature of marijuana offending.
6. Considering all the circumstances of your offending I agree with the prosecution suggestion that a 5 year start point is warranted. From that you are entitled to deductions Toluao which I will now make. For your guilty plea I make a one-quarter deduction of 15 months, leaves a balance of 45 months. For your good background as detailed in the pre-sentence report which is supported by a testimonial from your faifeau. And I also note that you have a clean criminal record. For those matters I deduct 6 months, leaves a balance of 39 months. Probation office has confirmed you have been banished by your village that too is a penalty that must be taken into consideration by law. For that I will deduct 9 months from your sentence, leaves a balance of 30 months.
7. For this offence Toluao you are convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted.
   

JUSTICE NELSON