Police v Suimai [2015] WSSC 28 (25 March 2015)

SUPREME COURT OF SAMOA
Police v Suimai [2015] WSSC 28

Case name:	Police v Suimai
Citation:	[2015] WSSC 28
Decision date:	23 March 2015
Parties:	POLICE (prosecution) v SIONE SUIMAI (accused) male of Aele.
Hearing date(s):
File number(s):	S39/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 18 months imprisonment - Time already spent by the accused in custody is further deducted from that sentence.
Representation:	R Titi for prosecution Accused in person
Catchwords:	Possession of narcotics – maximum penalty – guilty at earliest opportunity – custodial sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967s.7
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S39/15

BETWEEN

POLICE
Prosecution

AND

SIONE SUIMAI male of Aele.
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, the accused pleaded guilty at the earliest opportunity.

The offending

2. On 10 January 2015 at around 5pm, the last ferry from Mulifanua arrived at the Salelologa wharf. The police who were on duty at the Salelologa wharf were tipped off by an informer that the accused who had just disembarked from the ferry was in possession of marijuana and gave a description of the accused to the police. At that time, the accused had already got into the bus to Salega and the bus had left the wharf. The police in their vehicle then chased after the bus and stopped it at Faala, Palauli. The police then instructed the bus driver to drive the bus to the police post at Vaitoomuli, Palauli. The police brought the accused out of the bus and body searched him. They did not find any marijuana on him. The police then boarded the bus and searched the back seat of the bus where the accused had been sitting. They found a black bag behind the speakers of the bus. When the police opened and searched the bag, they found eighty two (82) bullets of dried marijuana leaves wrapped in pieces of foil and one branch of dried leaves also wrapped in a foil.
3. The eighty two (82) bullets of dry marijuana leaves weighed 145.2 grams and estimated to yield 201 marijuana joints and the one branch of dry marijuana leaves weighed 7.9 grams and estimated to yield 11 marijuana joints. Thus, a total of 218 marijuana joints. As it appears from the summary of facts, admitted by the accused, when he was interviewed by the police, he admitted that the marijuana substances belonged to him.

The accused

4. The accused is a 20 year old male from Toamua and Faiaai, Savaii. At the time of the offending, he was employed as a plantation caretaker.
5. The accused is a first offender but as it appears from the pre-sentence report, he told the probation service that he has been smoking marijuana since 2013 and is now addicted to it. It would appear from the quantity of marijuana substances found in the accused’s possession that he was in possession of these substances for a commercial purpose.

Discussion

6. Given the maximum penalty for this offence, the prevalence of this kind of offending, the need for deterrence, and the quantity of marijuana substances found in the accused’s possession, I will take 2 years as the starting point for sentence. I will deduct 1/3 for the guilty plea at the earliest opportunity. That leaves 1½ years or 18 months.

Result

7. The accused is sentenced to 18 months imprisonment. The time already spent by the accused in custody is to be further deducted from that sentence.

Honourable Chief Justice