Police v Matatia [2014] WSSC 55 (14 October 2014)

SUPREME COURT OF SAMOA

Police v Matatia [2014] WSSC 55

Case name: Police v Matatia

Citation: [2014] WSSC 55

Decision date: 14 October 2014

Parties: P O L I C E Prosecution A N D GASOLOGA MATATIA male of Salelologa and Maota, Accused

Hearing date(s):

File number(s): S2585/14

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU

On appeal from:

Order:

Representation:
B Faafiti-Lo Tam for prosecution
Accused in person

Catchwords:

Words and phrases:

possession of narcotics, sentence

Legislation cited:
Narcotics Act 1967s.7

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S2585/14

BETWEEN

P O L I C E
Prosecution

A N D

GASOLOGA MATATIA male of Salelologa and Maota.
Accused

Counsel:
B Faafiti-Lo Tam for prosecution
Accused in person

Sentence: 14 October 2014

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of knowingly being in possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment. He pleaded guilty to the charge at the earliest opportunity.

The offending

2. On 27 August 2014, the accused was at the Salelologa Market inside the public toilet area. Around the same time, there were police officers patrolling the Market. One of the police officers went to check the bathrooms and saw the accused who was wanted by the police in relation to a different matter. The accused was immediately placed under arrest and escorted out of the bathroom to where other police officers were standing. The accused then put his hand in his pocket, squeezed something inside his pocket, and dropped it to the ground. One of the police officers saw what the accused had dropped to the ground. When the police officer picked it up, it was a packet of Pall Mall cigarettes containing three marijuana joints.

The accused

3. The accused is a 31 year old male of Salelologa. He works on his plantation from which he earns around $60 a day by selling his produce at the Market. It is not clear from his pre-sentence report whether he is single. His family depends on him for its obligations to the church and the village.
4. The accused is a first offender but he told the probation service that he has been consuming marijuana for the last eight years especially after a hard day’s work. It is a means of relief for him. So the accused appears to be a drug addict; the type offender who falls within the jurisdiction of the Alcohol and Drugs Court to be established. Under the philosophy of the Alcohol and Drugs Court, an alcohol or drug addict is seen as a patient who is in need of treatment as addiction is an illness of the brain as medical science has now shown.

Discussion

5. Having considered the circumstances of this case including the quantity of marijuana substances found on the accused, I have decided to impose a non-custodial sentence. The accused is sentenced to 10 months supervision pursuant to s.12 of the Community Justice Act 2008. As a special condition, he is to perform 30 hours of community service. Hopefully, by the end of that time the accused has been relieved of his drug addiction so that he would not appear before the Court again.

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CHIEF JUSTICE