Police v Pili [2015] WSSC 2 (16 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Pili [2015] WSSC 2

Case name:	Police v Pili
Citation:	[2015] WSSC 2
Decision date:	16 January 2015
Parties:	POLICE v GASE aka SOLA PILI
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Honourable Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 3 months imprisonment - Time spent in custody pending the sentence of this matter is deducted from that sentence.
Representation:	R Titi for prosecution Accused in person
Catchwords:	Cultivation of prohibited plant – maximum penalty –gravity of the offending – sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 s.6(1)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE

Prosecution

AND

GASE aka SOLA PILI male of Malie-uta and Aopo Savaii
Accused

Counsel: R Titi for prosecution

Accused in person

Sentence: 16 January 2015

S E N T E N C E

The charge

1. The accused, Gase aka Sola Pili, of Malie and Aopo, appears for sentence on one charge of cultivation of a prohibited plant, contrary to s.6 (1) of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18 of the Act. To the charge, the accused pleaded guilty at the earliest opportunity.

The offending

2. As the prosecution’s summary of facts shows, on Tuesday evening 14 October 2014 at around 6p.m., the Afega police received a phone call that the accused’s family at Malie-uta was having a disagreement over marijuana plants being planted on their land and they needed police assistance. The police promptly attended to the call and when they arrived at the accused’s family, the dispute had ended and the accused’s family was having a meeting. The police joined the meeting and tried to calm matters down and enquired into the cause of the dispute. It was then that the police learnt that the dispute was over marijuana plants said to have been planted by the accused on the family’s land. When the police searched the land, they found only one marijuana plant, about 5 inches in height, growing inside a bucket. The accused was taken by the police to the Afega police post where he admitted that the marijuana plant was his.

The accused

3. The accused is a 44 year old male. He lives with his wife at Malie-uta. At the time of the offending he was working as a caretaker for another family at Malie-uta. He is also a first offender. It appears from the testimonials of the accused’s wife, the pastor of his church, and the pulenuu of his village that the accused had been a person of good character prior to the commission of this offence.

Discussion

4. Marijuana related offending is so prevalent within the community that the Samoan Court’s policy has been to impose custodial sentences for this type of offending unless there are special circumstances to justify a departure from that policy. The maximum sentence of 14 years imprisonment enacted by Parliament for this offence reflects the seriousness with which the community views this type of offence. The heavy penalties imposed by village councils on people found cultivating marijuana in the villages is a further reflection of the community’s attitude to this type of offence. The same kind of attitude is also reflected by what happened in this case.
5. In setting a starting point for sentence for this case, I take into account the maximum penalty of 14 years imprisonment for cultivation of a prohibited plant, the prevalence of this type of offending, the need for deterrence, and the gravity of the offending. I will take 6 months as the starting point for sentence. I will deduct one month for previous good character. That leaves 5 months. I will deduct a further 2 months for the early guilty plea. That leaves 3 months.

The result

6. The accused is sentenced to 3 months imprisonment. Any time he has spent in custody pending the sentence of this matter is to be further deducted from that sentence.
   

Honourable Chief Justice Sapolu