Police v Tapumanaia [2014] WSSC 209 (10 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Tapumanaia [2014] WSSC 209

Case name:	Police v Tapumanaia
Citation:	[2014] WSSC 209
Decision date:	10 December 2014
Parties:	POLICE (Prosecution) FAAULI TAPUMANAIA also known as VAINUUPO male of Leone. (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 this offending you will be convicted and sentenced to 18 months 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:

FAAULI TAPUMANAIA also known as VAINUUPO male of Leone.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 10 December 2014

SENTENCE

1. The defendant appears for sentence on the offence of possession of marijuana. The police summary of facts which he admitted this morning states that he is a 45 year old male of Leone married with children and is a fisherman.
2. At about 2:00 pm on Tuesday, 21 October 2014 police received information that two men walking along the seawall were in possession of marijuana. In front of the Fire Station and Main Beach Road the police stopped the men and searched them. Inside the defendants backpack was a small red Pall Mall packet with 20 marijuana cigarettes. Also inside his backpack was a plastic bag which contained 13 green marijuana branches and some loose leaves.
3. The defendant admitted to the police these substances were marijuana. He claims that the drugs were not his but were found by him. For the defendants information that is irrelevant because the drugs were found in his possession in his backpack. If they were not yours Faauli you should have got rid of them or turned them in to the police.
4. There is no future in being involved with marijuana in this country. Parliament has made it an offence punishable by 14 years in prison to be in possession of marijuana. Fourteen (14) years though is not the appropriate place to start for your matter. I agree with the prosecution a 3 year start point is appropriate.
5. You are entitled to certain deductions from that which I will now make. Firstly for your guilty plea one-quarter of your sentence that is 9 months leaves a balance of 27 months. You have a clean police record Faauli you have a good pre-sentence report. There are also references attached to that report from your faifeau and your pulenuu. I use all that to deduct 6 months from your balance of sentence leaves 21 months. You have apologised to the court you have expressed remorse I accept that is genuine. I make a further deduction of 3 months from your sentence for those matters.
6. In respect of this offending you will be convicted and sentenced to 18 months in prison. Remand in custody time to be deducted.
   

JUSTICE NELSON