Police v Vailopa [2015] WSSC 192 (23 November 2015)

THE SUPREME COURT OF SAMOA
Police v Vailopa [2015] WSSC 192

Case name:	Police v Vailopa
Citation:	[2015] WSSC 192
Decision date:	23 November 2015
Parties:	Police (prosecution) and Ikilasi Isumu Vailopa, male of Fugalei (defendant)
Hearing date(s):	8 October 2015
File number(s):	S1826/15
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	Served 4 ½ years imprisonment less any time you spent in custody.
Representation:	F Lagaaia for prosecution Unrepresented
Catchwords:	Possession of marijuana – no stranger to the court
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

IKILASI ISUMU VAILOPA male of Fugalei
Defendant

Counsel:
F Lagaaia for prosecution
Unrepresented

Sentence: 23 November 2015

S E N T E N C E

1. Defendant what I said to the three defendants who had just been sentenced also applies to you. And if you can remember what the court said to you on two other previous occasions that still applies to you. But you have probably already forgotten because you are now appearing for the third time despite the warning by this court to you for your previous appearances on charges of possession.
2. You are no stranger to the court on these charges concerning drugs. In doing so you ignore the warning that this court gave to you as a consequences of drug offending. Instead you seem to have climbed the ladder and proceeded from possession to selling of drugs.
3. On the day in question, when you were arrested, the police had a special operation at the Savalalo market for people selling drugs. You were seen distributing marijuana to a third person. Somehow you knew about the police so you ran off and gave the rest of the packets to another person. This packet was recovered by police and contained 16 bullets of marijuana.
4. Despite the strong evidence by the police you decided to plead not guilty and took the court to the task of proving your possession of marijuana at the Savalalo market. And you were seen and found to be possession of those drugs at the market for one purpose only and that is to make a living out of selling.
5. Given the circumstances of the offending I consider and adopt the recommendation by the prosecution that a starting point of 3 ½ years should be considered. For your previous offending and your obvious intention to make money out of selling the drugs, I will uplift the 3 ½ years by another 12 months, you will serve 4 ½ years imprisonment less any time you spent in custody.
   

JUSTICE VAAI