Police v Tagaolo [2015] WSSC 220 (14 December 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tagaolo [2015] WSSC 220

Case name:	Police v Tagaolo
Citation:	[2015] WSSC 220
Decision date:	14 December 2015
Parties:	POLICE (Prosecution) ETIMANI also known as ALEX TAGAOLO male of Moamoa-tai and Luatuanuu. (Defendant)
Hearing date(s):	-
File number(s):	S1185/15, S1184/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of possession of the seeds convicted and sentenced to 2 years in prison. On the charge of possession of leaves, convicted and sentenced to 6 months in prison, but concurrent term.
Representation:	F Ioane and Mr Tumua for prosecution Defendant unrepresented
Catchwords:	Possession of marijuana leaves - possession of marijuana seeds
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

ETIMANI also known as ALEX TAGAOLO male of Moamoa-tai and Luatuanuu.
Defendant

Counsel: F Ioane and Mr Tumua for prosecution
Defendant unrepresented

Sentence: 14 December 2015

SENTENCE

1. The defendant has pleaded guilty to two charges, one of possession of marijuana leaves and one of possession of two hundred and fifty two (252) marijuana seeds. The police summary of facts which he accepted this morning says he is a 42 year old male of Moamoa and Luatuanuu, is a carpenter married with two children. He normally lives in Hawaii but visits Samoa occasionally according to his pre-sentence report.
2. The police summary says at about 1:00 pm on the 23^rd of March 2015, two police officers were on duty at the Flea Market at Savalalo. They received information the defendant was in possession of narcotics. They also received a description of the defendant. They approached the defendant and questioned him. And asked him to accompany them to the Apia Police Station as he was suspected to be in possession of marijuana. The defendant complied and accompanied the officers to the Station.
3. At the Police Station he was searched and inside the right pocket of his cargo pants was discovered the following substances. Firstly marijuana leaves weighing 5.31 grams estimated to be sufficient to make eight (8) cigarettes. Secondly two hundred and fifty two (252) marijuana seeds. The defendant was shown the narcotics and he confirmed the substances belonged to him. The defendant was accordingly charged by the police and he has pleaded guilty to those charges. Each of the charges carries a maximum penalty by law of 14 years in prison.
4. Marijuana offending in this country is very wide spread. It is one of the most common offences in Samoa. In order to try and discourage people from being involved in marijuana the court invariably issues imprisonment penalties for those found to be in possession. Parliament has recently increased the maximum penalty for marijuana offending because it too is concerned about the increase of this kind of offending.
5. The quantity found on you Etimani indicates you were either selling these seeds or you were intending to grow them. If you had only one or two seeds the court could have looked at some other penalties. But you were found in possession of two hundred and fifty two (252) seeds. No other penalty can be imposed for this, you must serve a prison term. Because the courts message must continue to go out to the public that if you are involved in this level and kind of offending you will end up in Tafaigata.
6. The more serious charge that you face is possession of two hundred and fifty two (252) seeds. The maximum penalty for that being 14 years in prison. However considering previous cases and also the circumstances of your matter Etimani I will start sentencing at 4 years in prison. You have pleaded guilty to the charges you have saved the courts time, that also indicates that you are remorseful like you told me this morning. Pre-sentence report indicates you have a good background and clean criminal record at least in Samoa. You are also spoken well off by your aunty Lulu who was interviewed by the office. She has asked for some clemency for you. That report also notes you have admitted to the probation service you are a consumer of marijuana and have been for about three (3) years. To recognise all those factors in your favour Etimani I will halve the penalty of 4 years to 2 years in prison.
7. On the charge of possession of the seeds convicted and sentenced to 2 years in prison.
8. On the charge of possession of leaves, convicted and sentenced to 6 months in prison, but concurrent term. O lona uiga o le taimi atoa e te nofo sala ai mo le mataupu lenei Etimani e 2 tausaga. Ae ua poloaiga foi e le Fa’amasinoga le taimi lea sa e nofo taofia ai e fa’atalitali le fa’aiuga o le fa’amasinoga e tatau ona toese mai le 2 tausaga lena.
   

JUSTICE NELSON