Police v Su'a [2015] WSSC 138 (19 February 2015)

IN THE SUPREME COURT OF SAMOA
Police v Su’a [2015] WSSC 138

Case name:	Police v Su’a
Citation:	[2015] WSSC 138
Decision date:	19 February 2015
Parties:	The Police (Prosecution) Fa’asoi Su’a, male of Satapuala. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the three charges involving possession of marijuana convicted and sentenced to 3 years in prison. Remand in custody time to be deducted. In respect of the other charge of possession of 1,321 seeds of marijuana a start point of 4 years in prison would be appropriate. Making similar deduction for mitigating factors reduces that term to 2 years. On that charge convicted and sentenced to 2 years 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:

FA’ASOI SU’A, male of Satapuala.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 19 February 2015

SENTENCE

1. Defendant has pleaded guilty to three (3) counts of possession of marijuana and one (1) count of possession of marijuana seeds. The police summary of facts which he accepted this morning says that he is a 20 year old single male of Satapuala.
2. On Saturday, 24 December 2014 at about 12:00 mid-night Faleolo Police received a complaint about the defendant being a nuisance behind the complainants house. Police went to the scene and found the defendant behind the house with a group of boys. As soon as the defendant saw the police he fled. He was chased and eventually apprehended.
3. Taken to Faleolo Police post where he was searched and found to be in possession of 26.8 grams of loose leaves of marijuana estimated to be enough to make 38 cigarettes, 77 branches of marijuana estimated to be enough to make 189 cigarettes, 19 pre-rolled cigarettes of marijuana and 1,321 marijuana seeds. That makes a total of enough marijuana to make 246 cigarettes in addition to the 1300 odd seeds.
4. The defendants mother appeared before the court this morning and pleaded for leniency on behalf of her son. She confirmed the defendant is the bread winner for the family and she expressed surprise and shock at his involvement in narcotics. The mother obviously does not know her son very well. The presence of such a large quantity of marijuana on the defendant shows him to be a drug dealer. And he admitted to the probation office as recorded in the pre-sentence report that he has been smoking marijuana since he left school. He also comes from an area that is well known for drug offending.
5. The courts position in relation to marijuana offending has been stated countless times in the past, namely that if you involve yourself in marijuana or other illicit narcotics you are likely to go to prison. If you involve yourself in selling or trafficking marijuana or similar illicit narcotics you can guarantee you will go to prison. The obvious message the court is trying to send to the general public especially the young men of our community is to say “no to drugs” especially marijuana. If you do not then you and those who depend on you will pay a heavy price. Marijuana offending is such a problem in our community that Parliament a few years ago doubled the maximum penalty for possession from 7 to 14 years. The court will not shrink from its duty to enforce the law.
6. I will deal with the three charges involving the leaves, the branches and the cigarettes of marijuana together. As stated these offences carry a 14 year maximum penalty. Considering all the factors of your matter an appropriate start point would be 5 years in prison. From that I will make deductions on your behalf for mitigating factors: for your guilty plea Fa’asoi which has saved the courts time and resources one-quarter deduction namely 15 months, leaves a balance of 45 months. You have a good pre-sentence report it records your service to your aiga especially your service and tautua to your mother. You are also a first offender you have no previous conviction of any kind. For those factors I deduct 6 months leaves a balance of 39 months. Your mother pleaded for leniency before the court this morning. As a gesture of leniency I acknowledge that plea, I will deduct a further 3 months from your balance of sentence leaves 36 months.
7. No other deductions can or should be made for your matter Fa’asoi. On the three charges involving possession of marijuana convicted and sentenced to 3 years in prison. Remand in custody time to be deducted.
8. In respect of the other charge of possession of 1,321 seeds of marijuana a start point of 4 years in prison would be appropriate. Making similar deduction for mitigating factors reduces that term to 2 years. On that charge convicted and sentenced to 2 years in prison concurrent term.
   

JUSTICE NELSON