Police v Tavui [2015] WSSC 131 (26 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tavui [2015] WSSC 131

Case name:	Police v Tavui
Citation:	[2015] WSSC 131
Decision date:	26 January 2015
Parties:	The Police (Prosecution) Tuese Tavui, male of Lalomanu and Tafaigata Prison. (Defendant)
Hearing date(s):	-
File number(s):	S3809/14, S3810/14
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of possession of 93 seeds convicted and sentenced to 12 months in prison, cumulative to your present terms of imprisonment. On the second charge of S3810/14, possession of leaves for two cigarettes, one month concurrent term. O lona uiga e 12 masina lou taimi faapopo mo le solitulafono nei Tuese.
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:

TUESE TAVUI, male of Lalomanu and Tafaigata Prison.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 26 January 2015

SENTENCE

1. Tuese is also a prisoner who was found in possession of marijuana. The police summary of facts, which the defendant has accepted, says he is 37 years of age from Lalomanu and Aufaga and is serving a term for manslaughter and escape from prison.
2. On Monday 10 November he returned from weekend parole and was searched. In the pockets of his pants were found 93 marijuana seeds and loose leaves of marijuana estimated to be sufficient to produce two cigarettes. I am sure Tuese has heard from the previous sentencing that trafficking drugs back in to prison is a serious offence and only results in more prison time. Prisoners who want an early parole should just stop doing that.
3. Firstly information S3809/14 possession of the 93 seeds of marijuana, an 18 months start point is appropriate for this matter considering all the circumstances. Because of your guilty plea I reduce that by 6 months Tuese to 12 months in prison.
4. On the charge of possession of 93 seeds convicted and sentenced to 12 months in prison, cumulative to your present terms of imprisonment.
5. On the second charge of S3810/14, possession of leaves for two cigarettes, one month concurrent term. O lona uiga e 12 masina lou taimi faapopo mo le solitulafono nei Tuese. Faafetai ua maea.
   

JUSTICE NELSON