Police v Mareko [2015] WSSC 224 (9 March 2015)

IN THE SUPREME COURT OF SAMOA
Police v Mareko [2015] WSSC 224

Case name:	Police v Mareko
Citation:	[2015] WSSC 224
Decision date:	09 March 2015
Parties:	POLICE (Prosecution) MAREKO LAUANO MAREKO, male of Vailuutai. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the matter of possession of the marijuana branches and leaves convicted and sentenced to 33 months in prison. For possession of 114 seeds convicted and sentenced to 6 months concurrent term. So your total time is 33 months in prison for these two offences.
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:

POLICE
Prosecution

AND:

MAREKO LAUANO MAREKO, male of Vailuutai.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 09 March 2015

SENTENCE

1. Mareko has pleaded guilty to two charges. One of possession of various quantities of marijuana leaves and branches. Second charge is possession of one hundred and fourteen (114) marijuana seeds. The police summary of facts which he has admitted says he is a 21 year old single male of Vailuutai unemployed.
2. On Saturday 29 November last year two police officers and the defendant were travelling by ferry from Mulifanua to Salelologa. The police officers suspected the defendant was carrying something illegal in his suitcase because he was trying to hide it from passengers. The police officers on closer inspection of the suitcase noticed that it had marijuana. They took the defendant and the suitcase to one of the private rooms of the ferry and searched the bag. Inside they discovered that indeed there was a substantial quantity of marijuana.
3. When the ferry arrived at Salelologa the defendant was taken to Tuasivi where the marijuana was tallied up and counted. It was discovered the bag contained one yellow plastic bag containing dried loose leaves and eight raw branches of marijuana wrapped in a brown lavalava. Weight of these substances 70.7 grams and police estimate the branches to be enough to yield over one hundred (100) cigarettes. They also discovered one white plastic bag containing four dry branches of marijuana wrapped in a white T-shirt. These weighed in at 15.5 grams enough to yield twenty two (22) cigarettes. They also found 157.3 grams of loose leaves of marijuana estimated to be enough to yield over two hundred (200) cigarettes. Total weight of the defendants consignment was 243.5 grams enough to make almost three hundred and fifty (350) marijuana cigarettes. In addition to that were the one hundred and fourteen (114) seeds.
4. The defendant told the probation office the marijuana was not his but that he had purchased it for a friend in Savaii. Unfortunately that makes no difference because the friend in Savaii was not caught with this marijuana, the defendant was. There was a lot of marijuana involved far more than necessary for personal use.
5. The drug trafficking trade to Savaii is on the increase as evidenced by the number of cases involving marijuana crossing to Savaii coming before the court. The court must try to discourage this trend and continue to impose deterrent sentences of imprisonment. As a deterrent so the defendant will not do this again and to discourage others from doing this.
6. Parliament has made the maximum penalty for possession of marijuana 14 years in prison. Because drugs are a big problem in our country. The court will not hesitate to impose imprisonment penalties on people who deal in drugs. Considering all the circumstances of your case Mareko I start sentence at 5 years in prison as recommended by the prosecution.
7. But there are deductions that by law you are entitled to that I will now make for you. Firstly for your guilty plea which has saved the courts time and resources a one-quarter deduction leaves a balance of 45 months.
8. You have a good pre-sentence report there are references attached to your report from your faipule and also from your faifeau. You are also a first offender, you have a clean criminal record and you have expressed remorse for your offending. For those matters I deduct 6 months from your balance of sentence leaves 39 months.
9. Your father appeared before the court last time and confirmed you have been banished from your village because of this action. Some recognition must be given to that and also the petition from your father. I will deduct a further 6 months from the balance of your sentence, leaves 33 months in prison.
10. No other deductions Mareko can be made for your sentence. On the matter of possession of the marijuana branches and leaves convicted and sentenced to 33 months in prison.
11. For possession of 114 seeds convicted and sentenced to 6 months concurrent term. So your total time is 33 months in prison for these two offences.
    

JUSTICE NELSON