Police v Lesa [2014] WSSC 96 (27 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Lesa [2014] WSSC 96

Case name:	Police v Lesa
Citation:	[2014] WSSC 96
Decision date:	27 January 2014
Parties:	The Police (Prosecution) Ray Toa Lesa, male of Vaitele-fou and Matautu Falelatai (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 2 years in prison. But your time spent in custody awaiting sentence is to be deducted from that.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Possession of marijuana – prohibited substance – clear record – convicted and in prison.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

RAY TOA LESA, male of Vaitele-fou and Matautu Falelatai.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 27 January 2014

SENTENCE

1. The defendant has pleaded guilty to a charge that he knowingly had in his possession 24 branches of cannabis. Cannabis is a prohibited substance pursuant to the Narcotics Act 1967. And as stated in previous sentencings of the court it is no secret there is a sentencing policy that applies to cannabis and marijuana offending. That is to impose penalties of imprisonment unless there are exceptional circumstances requiring a different treatment. That is because narcotics are becoming a great problem in our community and a source of much violence and crime.
2. In this case the defendant who is a 26 year old married father with one child was found in possession of the 24 branches of marijuana at the National Reserve Park at Sogi, where he was arrested by the police carrying a back pack containing the marijuana. The quantity of narcotics found on the defendant indicates that he is more than just a smoker. And the circumstances indicate that he is a dealer in the drug. The court has stated more than once that the penalty for dealers and those who cultivate this particular narcotic will be severe. Because they are the heart of the marijuana trade in our community. Parliament has recently increased the penalty for possession from 7 to 14 years in prison. And for the harder drugs have increased the maximum to life in prison. That is an indication of our law makers concern at the prevalence of the drug trade. Prevalence well-known to the court because of the many offences of this nature coming before it.
3. As stated the maximum penalty for your offence is 14 years in prison. However considering all factors of your case Ray an appropriate start point would be 4 years in prison. From that you are entitled to certain deductions which I will now make. Firstly for your guilty plea I will deduct one-third of the term that leaves a balance of 32 months. The probation office pre-sentence report on you is good and indicates you have a good background of service to your aiga. You support your own immediate family, you live with your brother and you also contribute to the extended family. You have a clean record with the police. For those factors I will deduct 6 months from the balance of your term leaves 26 months. You are a young man who has made a mistake, in the exercise of leniency I will round off your sentence to 24 months.
4. For this charge you will be convicted and sentenced to 2 years in prison. But your time spent in custody awaiting sentence is to be deducted from that.

JUSTICE NELSON