Police v Tanielu [2015] WSSC 23 (23 March 2015)

SUPREME COURT OF SAMOA
Police v Tanielu [2015] WSSC 23

Case name:	Police v Tanielu
Citation:	[2015] WSSC 23
Decision date:	23 March 2015
Parties:	POLICE (prosecution) v KOANI TANIELU (accused) male of Vaitele-uta and Faga, Savaii.
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 2 months imprisonment. - Time the accused has already spent in custody to be further deducted from that sentence.
Representation:	R Titi for prosecution Accused in person
Catchwords:	possession of narcotics – maximum penalty – prohibited substances – early guilty plea – starting point for sentencing – custodial sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 s.7, s.18
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

KOANI TANIELU male of Vaitele-uta and Faga, Savaii.
Accused

Counsel:
R Titi for prosecution
Accused in person

Sentence: 23 March 2015

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18. To the charge, he pleaded guilty at the earliest opportunity.
2. According to the prosecution’s summary of facts admitted by the accused, on 31 December 2014 in the afternoon the police K9 unit and special response unit conducted a raid at the Mulifanua wharf. At that time, the accused was one of the passengers about to board the ferry on its trip to Savaii. The police suspected the accused of being in possession of marijuana and got its K9 dog to sniff the accused’s bag. The dog gave out a sign which indicated to the police that the accused’s bag contained prohibited substances. The police then opened and searched the accused’s bag. They found in it a plastic bag of marijuana, a small packet of Pall Mall containing marijuana leaves, and a marijuana joint. The total marijuana substances found in the accused’s bag weighed about 6.2 grams and were estimated to yield eight marijuana joints.

The accused

3. The accused is a 35 year old male from Vaitele-uta and Faga, Savaii. He is a carpenter and is employed at a construction company. It appears from the pre-sentence report that he told the probation service that he started smoking marijuana in 2014 and the marijuana substances found by the police on him were for his personal consumption. He also told the probation service that he smokes marijuana after a hard day’s work as a means of relief. He is now a marijuana addict
4. The accused is also a first offender. The testimonials from members of his family and the leader of his church show that he had been a person of good character prior to the commission o this offence.

Discussion

5. Previous sentencing decisions of this Court cited in the sentencing memorandum of counsel for the prosecution show that the usual starting point for sentencing in cases of possession of marijuana which involve around eight marijuana joints is 6 months. I will also take 6 months as the starting point for sentence in this case. I will deduct 2 months for previous good character. That leaves 4 months. I will deduct a further 2 months for the early guilty plea. That leaves 2 months.

Result

6. The accused is sentenced to 2 months imprisonment. Any time the accused has already spent in custody is to be further deducted from that sentence.
   

Honourable Chief Justice