Police v Eti [2014] WSSC 73 (17 November 2014)

[SURPEME COURT OF SAMOA]

Police v Eti [2014] WSSC 73

Case name:	Police v Eti
Citation:	[2014] WSSC 73
Decision date:	17 November 2014
Parties:	POLICE prosecution, FILIPO ETI male of Satapuala, accused
Hearing date(s):
File number(s):	S2792/2014
Jurisdiction:	CRIMINAL
Place of delivery:	MULINUU
Judge(s):	CHIEF JUSTICE PATU FALEFATU SAPOLU
On appeal from:
Order:
Representation:	R Titi for prosecution Accused in persons
Catchwords:
Words and phrases:	Possession of narcotics, maximum penalty, sentence
Legislation cited:	Narcotics Act 1967 s.7
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S2792/2014

BETWEEN

P O L I C E

Prosecution

A N D

FILIPO ETI male of Satapuala.

Accused

Counsel
R Titi for prosecution
Accused in persons

Sentence: 17 November 2014

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18 of the Act. The accused pleaded guilty to the charge at the earliest opportunity.

The offending

2. On Saturday afternoon 13 August 2014, the Afega police were alerted by an informer that there was a male passenger on the bus to the village of Satapuala with marijuana in his possession. When the bus arrived at Afega, the police stopped it and went straight to the male passenger with the description given by the informer. As the accused was escorted out of the bus by the police, he repeatedly apologised to the police. He was then searched by the police and eight marijuana joints and loose marijuana leaves were found in his pocket. The accused was then brought to the Apia police station where he was cautioned and interviewed.

The accused

3. The accused is a 26 year old male of Satapuala. He has a married wife and two children. He works on his own plantation and performs daily chores for his family. As it appears from the accused’s pre-sentence report, he told the probation service that on the day in question he came to sell coconuts at the Fugalei Market and he bought the marijuana substances found on him by the police for the men who were doing work on his plantation.
4. The accused is a first offender and seems to have been of previous good character.

Discussion

5. Having regard to the maximum penalty of 14 years imprisonment for this offence, the quantity of marijuana substances found on him, the need for deterrence for this type of offending, the accused’s apparent previous good character, and his early plea of guilty, the accused is sentenced to 2 months imprisonment less any time he has already spent in custody.

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CHIEF JUSTICE