SUPREME COURT OF SAMOA
Police v Manaia [2014] WSSC 4

Case name:  Police v Manaia
Citation: [2014] WSSC 4
Decision date: 17 January 2014
Parties: 
POLICE (Prosecution) and SILIGA MANAIA (accused) male of Satapuala
Hearing date(s): 
File number(s):  S2630/13
Jurisdiction: CRIMINAL
Place of delivery: MULINUU
Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU
On appeal from:
Order:
Representation: 
F Lagaaia and O Tagaloa for prosecution
Accused in person 
Catchwords: 
Words and phrases:
Sentence, Possession of narcotics, aggravating and mitigating features
Legislation cited:
Narcotics Act 1967 (s.7)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINU’U
FILE NO: S2630/13

BETWEEN

P   O   L   I   C   E
Prosecution

A  N  D

SILIGA MANAIA male of Satapuala
Accused

Counsel
 F Lagaaia and O Tagaloa for prosecution
Accused in person

Sentence:	17 January 2014

S  E  N  T  E  N  C  E

1.	The accused Siliga Manaia is 20 years old. He is from the village of Satapuala. He is appearing for sentence on the charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment. He has pleaded guilty to the charge at the earliest opportunity.
2.	According to the prosecution’s summary of facts, on 3 November 2013, a relative of the accused informed the police at Faleolo that the accused was selling marijuana at their home. The police then went to the house of the accused’s family at Satapuala. When they met the accused, the police asked him for the marijuana. The accused pulled out two marijuana joints from the pocket of his ie faitaga and handed them to the police. The police then asked whether there was any more marijuana. The accused then led the police to his bedroom and took out a bag from behind the refrigerator and handed it to the police. When police opened the bag, it contained twenty five (25) marijuana joints. So the total number of marijuana joints in the accused’s possession was twenty seven.
3.	The accused, as shown from the pre-sentence report, finished school at Year 11. He then stayed home to care for his mother and to help out with family chores. In 2008, he was employed. After a short time, he left his employment and worked on his family’s plantation.
4.	The accused also told the probation service that he started smoking marijuana when he was seventeen (17) years old. He said it gives him extra energy. Apart from that fact, he seems a normal young man. This is his first offence. So he is a first offender.
The aggravating and mitigating features 
5.	The aggravating features of the accused’s offending are the quantity of marijuana joints that he had and that it appears his purpose for being in possession of those marijuana joints was not only for his own consumption but also for sale. The mitigating feature of the offending is the accused’s cooperation with the police. He readily handed over the joints he had to the police. Having regard to these aggravating and mitigating features, I will take 8 months as the starting point for sentence. I will then deduct 2 months for the early guilty plea. That leaves 6 months. I make no deduction for the first offender status of the accused as by his own admission to the probation service he had been smoking marijuana since he was seventeen.   In other words, he is not a person of previous good character.
6.	The accused is convicted and sentenced to 6 months imprisonment. The time during which he has been remanded in custody pending the outcome of this matter is to be further deducted from that sentence.

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CHIEF JUSTICE