Police v Moli [2015] WSSC 127 (26 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Moli [2015] WSSC 127

Case name:	Police v Moli
Citation:	[2015] WSSC 127
Decision date:	26 January 2015
Parties:	The Police (Prosecution) Vaalele Lesa Moli, male of Siumu and Tafaigata Prison. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of possession of narcotics convicted and sentenced 3 years in prison, cumulative to your present term of imprisonment.
Representation:	O Tagaloa for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

VAALELE LESA MOLI, male of Siumu and Tafaigata Prison.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 26 January 2015

SENTENCE

1. Valele has pleaded guilty to one charge of possession of marijuana leaves. The summary of facts from the police the defendant admitted this morning says he is 30 years of age from Siumu currently serving an imprisonment also for narcotics.
2. On Monday 10 November at 11:00 a.m. the defendant returned to Tafaigata Prison with other prisoners from his parole. In accordance with normal procedure the prisoners were searched and the defendant was found in possession of one plastic bag containing loose leaves of marijuana weighing 23.2 grams enough marijuana according to the summary to make 33 marijuana cigarettes.
3. The defendants previous conviction record which he has also admitted says that he is serving lengthy terms of imprisonment from 2012 for cultivation and possession of narcotics. He was then granted parole and it seems this re-offending occurred while he was released on parole. That is by itself sufficient reason to impose a further term of imprisonment on the defendant. But the defendant has also been found guilty of transporting this drug into the Tafaigata Prison. It seems to be a recurring problem of prisoners trying to smuggle in drugs when they return to prison. The court notes there has been a marked increase in the number of cases like this. A strong deterrent message must be sent by the courts sentence not only to the defendant himself but to his fellow inmates.
4. Considering all the circumstances I agree with the prosecution a 4 year start point is appropriate for your matter that includes an allowance for your previous conviction. The only discount the court can give you Vaalele is for your guilty plea which has saved some of the time of the court. I deduct one-quarter of your penalty for that. Leaves a balance of 3 years. You qualify for no other deductions.
5. On the charge of possession of narcotics convicted and sentenced 3 years in prison, cumulative to your present term of imprisonment.
   

JUSTICE NELSON