Police v Pese [2015] WSSC 153 (22 June 2015)

IN THE SUPREME COURT OF SAMOA
Police v Pese [2015] WSSC 153

Case name:	Police v Pese
Citation:	[2015] WSSC 153
Decision date:	22 June 2015
Parties:	The Police (Prosecution) Simi Pese also known as Leatigaga Ola Pese, male of Sapulu Salelologa (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 4,600 seeds of marijuana convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted. On the other charge of possession of the cigarettes convicted and sentenced to 21 months in prison concurrent term. On the charges of possession of two unlicensed firearms convicted and sentenced to 12 months in prison, firearms are ordered to be destroyed. That 12 months is also a concurrent term. In other words you will serve in total for these offence Simi 2½ years in prison less your remand in custody time.
Representation:	O Tagaloa and F Ioane for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:	Police v Williams (14 July 2014)
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

SIMI PESE also known as LEATIGAGA OLA PESE, male of Sapulu Salelologa.
Defendant

Counsel: O Tagaloa and F Ioane for prosecution
Defendant unrepresented

Sentence: 22 June 2015

SENTENCE

1. Mr Pese has pleaded guilty to three charges. Firstly at Sapulu Salelologa on 22 April 2015 he was in possession of a quantity of loose leaves of marijuana and rolled cigarettes. That is information S168/15. Charge S1367/15 says that at Sapulu Salelologa same day was in possession of 4,600 marijuana seeds. Finally charge S386/15 that at same date same place he was in possession of two unlicensed 12 gauge shotguns. The police summary of facts which the defendant admitted this morning says he is a 48 year old male of Sapulu Salelologa married with children and is a faifa’atoaga.
2. Acting on information that the defendant was selling marijuana police raided his house at Sapulu Salelologa. Raid was carried out in the early morning hours of 22 April 2015. Inside one of the rooms on a faka ipu was found the following: 77.6 grams of loose leaves estimated to be sufficient to produce 109 cigarettes together with 60 cigarettes already rolled up making therefore a total quantity of 169 marijuana cigarettes. Police also discovered the 4,600 marijuana seeds. Inside the same room police discovered the two firearms namely the 12 gauge shotguns. Neither weapon is licensed.
3. The defendant claims these narcotics were not his and he was only holding on to them on behalf of some friends. However none of those friends have not surprisingly come forward. And there is no evidence in the documents before the court supporting what the defendant says. What is before the court is that a large quantity of narcotics were found in the defendants house which indicates he is involved in the trafficking and possible sale of narcotics.
4. It is disturbing that the number of marijuana cases from Savaii is on the increase. The courts penalty must therefore be aimed at deterring drug offending generally and in particular drug offending from the island of Savaii. And the defendant himself from becoming involved in this sort of matter. For the defendants information Parliament recently increased the maximum penalty for possession of narcotics from 7 to 14 years. That is an indication of Parliaments concern with the growing drug problem in our country. A concern shared by the court.
5. In respect of the offence of possession of 4,600 seeds of marijuana the prosecution have suggested sentencing start at 6 years in prison. That is based primarily on the authority of Police v Williams (14 July 2014). However I think that is too high a start point because the circumstances of Police v Williams were quite different. The start point for sentence is not reliant on quantity only. I will therefore start sentence on the charge possession of the 4,600 seeds at 5 years instead. In respect of the charge involving the marijuana cigarette I accept the prosecution suggestion 4 years is an appropriate start point for sentence.
6. There are however deductions Simi which you are eligible for by law which I will now make on your behalf. Firstly for your guilty plea which has saved the courts time and the resources of all concerned I deduct one-quarter of the penalty. Leaves a balance on the seeds charge of 45 months and on the cigarettes charge of 36 months.
7. I have read your pre-sentence report from the probation office Simi it is a good report of your background of service to your family. It is also supported by references from your pulenuu as well as your faifeau. I regret your imprisonment term will impact on your young family but that is the price to be paid for your criminal behaviour. For your clean record and your good background I will deduct 6 months from your sentence leaves 39 months on the seeds charge and 30 months on the cigarettes charge.
8. It is clear from the documents you have been banished from your village because of this mataupu. That is a significant penalty that the court must have regard to I deduct 9 months from the seeds charge, leaves 30 months. Likewise 9 months from the cigarettes charge leaves 21 months. There are no other deductions Simi that can be made from your sentence.
9. On the charge of possession of 4,600 seeds of marijuana convicted and sentenced to 2½ years in prison. Remand in custody time to be deducted. On the other charge of possession of the cigarettes convicted and sentenced to 21 months in prison concurrent term. On the charges of possession of two unlicensed firearms convicted and sentenced to 12 months in prison, firearms are ordered to be destroyed. That 12 months is also a concurrent term.
10. In other words you will serve in total for these offence Simi 2½ years in prison less your remand in custody time. Faafetai ua maea.
    

JUSTICE NELSON