Police v Toiloto [2014] WSSC 39 (4 August 2014)

SUPREME COURT OF SAMOA

Police v Toiloto [2014] WSSC 39

Case name: Police v Toiloto

Citation: [2014] WSSC 39

Decision date: 4 August 2014

Parties:

POLICE (prosecution) and TONI TAINO TOILOTO (accused) male of Savalalo

Hearing date(s):

File number(s): S2636/13

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU

On appeal from:

Order:

Representation:
L Su’a-Mailo for prosecution

Accused in person

Catchwords:

sentence, possession of narcotics

Words and phrases:

Legislation cited:

Narcotics Act 1967 (s.7)

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S2636/13

BETWEEN

P O L I C E
Prosecution

A N D

TONI TAINO TOILOTO male of Savalalo
Accused

Counsel:
L Su’a-Mailo for prosecution
Accused in person

Sentence: 4 August 2014

S E N T E N C E

1. The accused appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967. The accused made an plea of guilty to the charge.
2. As shown from the prosecution’s summary of facts, on Friday 8 November 2013 at around 6:30pm, the police received a phone call from an informer that occupants of the residence of one Toiloto beside the Toleafoa Market at Fugalei were smoking marijuana and selling marijuana to the public. The police quickly attended to the phone call. When they arrived at the house of Toiloto, they entered the room where the accused and a companion were present. The police searched the accused and his companion. As a result of the search, the police found a red Pall Mall packet containing loose leaves of marijuana inside the accused’s pockets and $189 cash. The loose leaves of marijuana were estimated to yield five marijuana joints.
3. According to the pre-sentence report, the accused has been a consumer of marijuana since 2008. He has previous convictions in 2009 and 2010 for burglary, theft, drunkenness, breach of probation condition, and assault.
4. The accused told the probation that the marijuana substances found on him by the police were given to him by a cousin who is a prisoner. I find it difficult to believe this story by the accused. There have been several recent cases coming before this Court concerning the consumption and sale of marijuana from this same residence of Toiloto beside the Toleafoa Market at Fugalei. I am satisfied that in the circumstances, the accused was in possession of the marijuana substances for a commercial purpose, namely, selling them to the public.
5. Marijuana offending is far too prevalent that the Court has had to impose deterrent sentences. For this case, I will take 9 months as the starting point for sentence. I will deduct 3 months for the accused’s early guilty plea. That leaves 6 months.
6. The accused is sentenced to 6 months imprisonment.
   

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CHIEF JUSTICE

Solicitor
Attorney-General’s Office, Apia, for prosecution