Police v Mosese [2014] WSSC 93 (15 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Mosese [2014] WSSC 93

Case name:	Police v Mosese
Citation:	[2014] WSSC 93
Decision date:	15 January 2014
Parties:	The Police (Prosecution) Saulo Pauli Mosese, male of Salelologa and Samata-uta (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Convicted and sentenced to 18 months in prison. But your remand in custody time awaiting sentence is to be deducted.
Representation:	L Sio and G Nelson for prosecution Unrepresented
Catchwords:	Dealer with marijuana – previous good record and clean police record – convicted and sentenced to 18 months.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

SAULO PAULI MOSESE, male of Salelologa and Samata-uta.
Defendant

Counsel: L Sio and G Nelson for prosecution
Defendant unrepresented
Sentence: 15 January 2014

SENTENCE

1. Saulo is a dealer in marijuana. He is a 31 year old male of Salelologa and Samata married with one child. He admitted to the probation office that he is a regular user of marijuana. And he is one of these people who sell marijuana for a living at the Salelologa Market. On the day in question he made the mistake of trying to sell marijuana to a plain clothes police officer at the market. The officer arrested him and he was searched. Sixteen and a half (16½) marijuana joints were discovered in his backpack.
2. As you have heard Saulo the court has a sentencing policy which applies to those who sell marijuana for a living. This court has declared war on sellers, dealers and growers of marijuana and other illicit narcotics. Sentences against those sorts of people will be particularly stern. That is in line with Parliaments increase of the maximum penalty for marijuana offending from 7 to 14 years. The message must go out and must be clear to the public. You sell and deal in drugs you will go to prison.
3. Considering the quantity of marijuana found in your possession I will use as a start point for your case 3 years in prison. I will deduct one-third of that term for your guilty plea Saulo because it saved the courts time and valuable resources. Leaves a balance of 2 years. Your pre-sentence report says that you are a good provider for your family. You are of good previous character and you have a clean police record. For those factors I will deduct 6 months from your penalty. Leaves a balance of 18 months.
4. For the offence that you have pleaded guilty to you will be convicted and sentenced to 18 months in prison. But your remand in custody time awaiting sentence is to be deducted.

JUSTICE NELSON