Police v Tafeaga [2014] WSSC 98 (27 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Tafeaga [2014] WSSC 98

Case name:	Police v Tafeaga
Citation:	[2014] WSSC 98
Decision date:	27 January 2014
Parties:	The Police (Prosecution) Tasesa Tafeaga, male of Nuu, Matautu Falealili and Papa Sataua Savaii (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 12 months in prison but your remand in custody time awaiting sentence is to be deducted.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Possession of marijuana – seriousness of offending – previous offences – convicted and sentenced.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

TASESA TAFEAGA, male of Nu’u, Matautu Falealili and Papa Sataua Savaii.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 27 January 2014

SENTENCE

1. The defendant has pleaded guilty to possession of 24 cigarettes and 6 “pulu” (bullet) marijuana. Needless to say Tasesa has heard the courts sentencing remarks about the seriousness of narcotics offending and how imprisonment terms are normally imposed. Especially in respect of those who are involved in the growth or sale of marijuana. Those comments also apply to your case Tasesa. Because the police summary of facts says that you were reported to be selling marijuana on Faleula road at Nu’u-fou. And when the police arrested you they found you in possession of this marijuana in a bag you were carrying. This indicates that you were involved in dealing in the drug. Imprisonment is required to send a message to not only yourself for the future but to other young men who may be thinking of making a living out of selling marijuana.
2. Considering all factors an appropriate start point for sentence for your case Tasesa is 2 years in prison. For your guilty plea I will deduct one-third of that penalty leaves a balance of 16 months. In respect of your good background as outlined in the probation office pre-sentence report I will make a further deduction but noting that this is not your first criminal offence you have previous offences. The deduction I make is therefore only 4 months. Leaves a balance of 12 months.
3. In respect of this offence Tasesa you will be convicted and sentenced to 12 months in prison but your remand in custody time awaiting sentence is to be deducted.

JUSTICE NELSON