Police v Ioane [2015] WSSC 137 (19 February 2015)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2015] WSSC 137

Case name:	Police v Ioane
Citation:	[2015] WSSC 137
Decision date:	19 February 2015
Parties:	The Police (Prosecution) Tulauifi Olo Ioane, male of Moamoa-fou and Faala Palauli. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On these three charges convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted. On the charge of possession of 51 marijuana seeds I make similar deductions in mitigation leaving an end sentence of 12 months in prison concurrent term.
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:

TULAUIFI OLO IOANE, male of Moamoa-fou and Faala Palauli.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 19 February 2015

SENTENCE

1. Defendant has pleaded guilty to three counts of possession of marijuana branches and leaves and one count of possession of seeds of marijuana. The police summary of facts which he has accepted says he is a 23 year old male of Faala Palauli and Moamoa single and earns money from selling cans of soda.
2. On Tuesday, 23 December 2014 at about 1:00 pm Faleolo police received information regarding a male suspected of being in possession of marijuana at the Mulifanua Wharf. They attended the wharf and found the defendant matched the description they had been given. Defendant was sitting under a mango tree by the wharf together with two other men. Police approached the three men and advised them of their information and their suspicion that they were in possession of prohibited substances. The men were taken inside a nearby small blue house and body searched. Nothing was found on any of them but a search of the defendants bag that he was holding revealed marijuana inside.
3. The marijuana comprised three (3) branches of marijuana estimated to yield seventy two (72) cigarettes. Loose leaves of marijuana weighing 2.6grams estimated to yield up to 4 cigarettes and one pre-rolled marijuana cigarette. Total marijuana cigarette therefore that can be compiled from this haul is seventy seven (77). In addition to that fifty one (51) marijuana seeds were also discovered. According to the police summary of facts the defendant admitted to them he bought these from another boy from Satapuala and was planning on taking them to Savaii to sell.
4. Mulifanua Wharf seems to be one of the many collection point where illegal marijuana is being trafficked and sold. The defendants occupation given as selling soda cans is obviously a camouflage for his real activity which is to pedal drugs. Previous comments made by the court in relation to sentencing this afternoon indicate the courts attitude to people who traffic in marijuana and sell it for commercial gain. It is a sure road to Tafaigata.
5. I will deal firstly with the three charges involving possession of the cigarette the branches and the leaves of marijuana. Considering all the circumstances a 3½ years start point for sentence is appropriate. But this defendant has a previous conviction for possession of narcotics in 2013. To reflect that previous conviction the start point must therefore be upgraded by 6 months to 4 years in prison. I deduct one-quarter of sentence for the defendants guilty plea leaves a balance of 3 years. The defendant is not a first offender but he has a reasonably good background outlined in the pre-sentence report of the probation office. And his mother did appear this morning and again put in a plea for leniency for the defendant. To reflect those matters I will deduct 6 months from the balance leaves 30 months in prison. No other deduction can be made from your sentence Olo.
6. On these three charges convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted. On the charge of possession of 51 marijuana seeds I make similar deductions in mitigation leaving an end sentence of 12 months in prison concurrent term.
7. Sa fa’ata’atia mai foi le talosaga a lou tina Olo e fa’apea a fai lou fa’asalaga pe mafai ona tuli lau fa’asalaga i Savaii. O le ofisa o Leoleo e tatau ona fai ai le talosaga lena, e le mafai ona aia atu iai le fa’amasinoga. O le falepuipui e le o i lalo o le matafaioi a le fa’amasinoga. E va’ava’ai e le ofisa o leoleo ma le ofisa o falepuipui. E tatau la na fai e oe se talosaga i le Komesina o le Falepuipui e fia tuli lou fa’asalaga i Savaii, ona fai ai lea e latou le iuga o lena talosaga. Ua e malamalama? (Defendant said yes).
   

JUSTICE NELSON