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:	[2015] WSSC 237
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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.
8. 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