Police v Anitelea [2015] WSSC 251 (25 May 2015)

SUPREME COURT OF SAMOA
Police v Anitelea [2015] WSSC 251

Case name:	Police v Anitelea
Citation:	[2015] WSSC 251
Decision date:	25 May 2015
Parties:	Police (prosecution) v Isitolo Anitelea, male of Samalaeulu
Hearing date(s):
File number(s):	S1158/15, S1159/15, S1160/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Ema Aitken
On appeal from:
Order:	In respect of the two charges relating to cannabis therefore you are convicted and sentenced to 1 year and 4 months imprisonment. Time served can be deducted from that. On the charge of found drunk in public, you are simply convicted and discharged
Representation:	F Lagaaia for prosecution Defendant in person
Catchwords:	Possession of narcotics – drunkenness
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

Isitolo Anitelea, male of Samalaeulu
Defendant

Counsel: F Lagaaia for prosecution
Defendant in person

Sentence: 25 May 2015

Oral Sentence of Justice E M Aitken

1. Mr Anitele’a, you appear for sentencing, having pleaded guilty to three charges: one of possession of 30 dried branches and leaves of cannabis; one of cultivating six plants of cannabis; and one of being drunk in public.
2. On 12 March this year, you were making a fuss at a shop; you were intoxicated and you were trying to trade cannabis for beer. The Police were called; they searched you and your bag and found a total of 30 cannabis branches with leaves on them. They did not weigh the branches but I estimate from other cases that probably you could have made around about 25 cannabis cigarettes from what was on them. Because you were so drunk you could not be interviewed that night but the next day you were spoken to and you told the Police that you had plants of marijuana at home; and took the Police to show them where they were in your plantation; and in the plantation the Police found six plants which resulted in the charge of cultivation.
3. Cannabis offending almost always attracts a term of imprisonment, particularly where cultivation is involved. Looking at all of your offending together, I would regard this as being a small commercial operation where you were clearly growing the cannabis plants for sale. Given the amounts involved, a starting point of 3 ½ years could be justified. But the fact that you told the Police where the plants were and led them to the plants in your plantation is a matter of mitigation and I fix the starting point therefore at 3 years.
4. Now from that 3 years there are a number of matters that permit me to reduce the penalty. You are 42 years old; you have been what is described as a hardworking man all of your adult life. You have also provided great service to the village and of course your wife and your 5 year old daughter will very much feel your loss throughout your term of imprisonment. But I give you credit for those past years of good character.
5. I accept that you are remorseful and feel a sense of shame that you brought to your family, and I also have regard to the fact that the village has already imposed quite a significant penalty of $1,000, boxes of herrings and two large sows. You have currently been temporarily banished from your village and that may last permanently if the village is not ultimately persuaded that you really are remorseful. But the penalty imposed by the village and your otherwise good character until now permit me to reduce the sentence by 12 months down to 2 years. You have also pleaded guilty very early on in the proceedings and that permits me to further reduce the sentence by 8 months down to one of 1 year and 4 months imprisonment.
6. In respect of the two charges relating to cannabis therefore you are convicted and sentenced to 1 year and 4 months imprisonment. Time served can be deducted from that.
7. Let me just say this to you, Mr Anitele’a – you admit to a significant problem with alcohol and probably also with cannabis. You will need therefore to address your abuse of alcohol and cannabis presumably on parole. If you truly are remorseful then I would expect not to see you back before the Court for any further offending but if either alcohol or drugs bring you back before the Court, you can expect a harsh penalty. Do you understand?
8. On the charge of found drunk in public, you are simply convicted and discharged. I have taken that into account in other matters

_____________________

JUSTICE E M AITKEN