You are here:
PacLII >>
Databases >>
Supreme Court of Samoa >>
2015 >>
[2015] WSSC 237
Database Search
| Name Search
| Recent Decisions
| Noteup
| LawCite
| Download
| Help
Police v Kolio [2015] WSSC 237 (17 August 2015)
IN THE SUPREME COURT OF SAMOA
Police v Kolio [2015] WSSC 237
Case name: | Police v Kolio |
|
|
Citation: | |
|
|
Decision date: | 17 August 2015 |
|
|
Parties: | POLICE (Prosecution) LEALOFI AGAMAITU KOLIO, male of Pitonuu Satupaitea. (Defendant) |
|
|
Hearing date(s): | - |
|
|
File number(s): | S1843/15 |
|
|
Jurisdiction: | Criminal |
|
|
Place of delivery: | Supreme Court of Samoa, Mulinuu |
|
|
Judge(s): | Justice Nelson |
|
|
On appeal from: |
|
|
|
Order: | In respect of the matter the defendant will be convicted and sentenced to 6 months in prison but remand in custody time awaiting finalization
of this matter is to be deducted from that term. |
|
|
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:
LEALOFI AGAMAITU KOLIO, male of Pitonuu Satupaitea.
Defendant
Counsel: Ms Amosa and F Ioane for prosecution
Defendant unrepresented
Sentence: 17 August 2015
SENTENCE
- Lealofi has pleaded guilty to one charge of possession of marijuana, namely eleven (11) bullets or ‘pulu’ of marijuana
and one (1) branch of marijuana. The police summary of facts which he has admitted says he is a 20 year old male of Pitonuu Satupaitea
married with children.
- On the 24 April 2015 police officers at Vaitoomuli were informed the defendant was carrying narcotics and was on the bus from Salelologa.
The police officers stopped the vehicle and arrested the defendant. They took him to Tuasivi where a body search of him revealed
in the pocket of his pants eleven (11) marijuana cigarettes wrapped in foil and one (1) marijuana branch also wrapped in foil. The
marijuana branch weighed 3.8 grams and is estimated to be enough to yield five (5) cigarettes. That means the total quantity of
marijuana found in the defendants possession is about 16 cigarettes which is a substantial quantity.
- The prosecution have submitted this makes him a drug dealer or a distributor or someone who ‘tulei’ marijuana. The defendant
however has told the probation office this is not so. He bought these cigarettes at Salelologa to pay some village men for working
on his plantation. There has been no evidence produced before me by the police to rebut this statement by the defendant. If the
police wish to argue that a person is a drug dealer or distributor of the narcotics they need to point to something more than just
the mere quantity of cigarettes found in a persons possession. Unless of course the quantity is of such an exorbitant nature that
the inference is irresistible.
- In this case that is not so and I will for the purposes of sentencing accept what the defendant told the probation office. Namely
that he purchased these cigarettes to pay villagers working on his plantation. Which is a form of dealing but not the sort of dealing
submitted by the prosecution. I add that the prosecution is always at liberty to call evidence in respect of such an argument if
they wish in appropriate cases. They did not do so here.
- But this does not mean you escape prison. Sixteen (16) cigarettes is a lot of marijuana. The increasing prevalence of drug offending
in this country is no secret. You just have to read the paper in the weekend to realize that. Parliament has inter alia doubled
the penalty for possession of marijuana recently because of its concern about the growth of drug use in this country. Possession
of even one marijuana cigarette now Lealofi carries a 14 year maximum penalty.
- I am not going to give you 14 years today. But if you re-offend in the future be aware you now have a drug conviction on your record.
O lona uiga Lealofi e mafai ona faamama atu se faasalaga faafalepuipui i le aso. Ae a toe aumai oe i luma o le faamasinoga i ituaiga
mea faapea; tusa lava pe tasi le sikareti ua mamafa loa le faaiuga e tatau ona tuu atu ia oe. Ua manino lea tulaga? (Defendant said
yes).
- I note the defendant has a good pre-sentence report. He is a first offender and he has a young family. He pleaded guilty and saved
the valuable resources of the court, the police and the prosecution. He has admitted to being a user of marijuana. My advice to
you Lealofi is buy something else to smoke.
- In respect of the matter the defendant will be convicted and sentenced to 6 months in prison but remand in custody time awaiting finalization
of this matter is to be deducted from that term. Ua e malamalama i le faaiuga o lau mataupu Lealofi? (Defendant said yes).
JUSTICE NELSON
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/ws/cases/WSSC/2015/237.html