Police v Asomua [2014] WSSC 85 (24 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Asomua [2014] WSSC 85

Case name:	Police v Asomua
Citation:	[2014] WSSC 85
Decision date:
Parties:	POLICE v VE’A ASOMUA
Hearing date(s):
File number(s):	S3698/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Honourable Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 2 years imprisonment. - Time spent in custody pending the sentence of this matter is to be deducted.
Representation:	R Titi for prosecution Accused in person
Catchwords:	Possession of narcotics –- maximum penalty - quantity of marijuana substances - sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967, s7
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S3698/14

BETWEEN

P O L I C E
Prosecution

A N D

VE’A ASOMUA male of Papauta and Falelima.
Accused

Counsel: R Titi for prosecution

Accused in person

Sentence: 24 December 2014

S E N T E N C E

1. The accused appears for sentence on one charge of possession of narcotics, namely, marijuana substances, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s. 18. He pleaded guilty to the charge against him at the earliest opportunity.
2. On Sunday afternoon November 2014, the accused was drinking alcohol with some friends on a fishing vessel anchored by the Fish Market while his de facto wife was looking on. During this drinking session the accused showed his de facto wife a plastic bag containing marijuana substances. When the drinking session ended the accused and his wife walked to a shop to buy some bread. They had an argument inside the shop and the wife walked out followed by the accused. They then got into a taxi with the accused in the back seat and the wife in the front passenger’s seat. The accused fell asleep in the back seat. The wife then whispered to the driver to go straight to the police station. At the police station, the wife told the police that her husband who was in the taxi has a bag containing marijuana. The police then went and brought the accused out from the taxi. When the police searched the accused, they found inside the bag he was carrying twenty six marijuana branches with leaves weighing a total of 361 grams, dried loose leaves weighing 45.9 grams, and two hundred and forty marijuana seeds. The marijuana leaves would yield about one hundred and seventeen joints.
3. The pre-sentence report shows that the accused has been smoking marijuana for quite some time since he became a fisherman. He told the probation service that marijuana makes him super active and alert with his work during fishing trips.
4. The accused has previous convictions in 2013 but for different types of offences.
5. Given the quantity of marijuana substances found on the accused and the prevalence of this type of offence, I will take 3 years as the starting point for sentence. Five years will be too high as the marijuana was for personal consumption mainly on fishing trips. I will deduct one year for the early plea of guilty. That leaves 2 years. The accused is sentenced to 2 years imprisonment. Time already spent in custody pending the sentence of this matter is to be further deducted.

Honourable Chief Justice Sapolu