Police v Mati [2015] WSSC 41 (15 April 2015)

SUPREME COURT OF SAMOA
Police v Mati [2015] WSSC 41

Case name:	Police v Mati
Citation:	[2015] WSSC 41
Decision date:	15 April 2015
Parties:	POLICE (prosecution) v IULIANO TITI MATI (accused)
Hearing date(s):	6 February and 24 March 2015
File number(s):	S2237/14, S22240/14-S2242/14, S2151/14-S2153/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- For the lead charge of cultivation of narcotics, the accused is convicted and sentenced to 4 years and 10 months imprisonment. (b) For the charge of possession of eighty eight (88) marijuana seeds the accused is convicted and sentence to 8 months imprisonment. (c) For the charge of possession of three marijuana joints the accused is convicted and sentenced to 2 months imprisonment. (a) For the charge of being in possession of an unlawful firearm, namely, a 22 revolver pistol, the accused is convicted and sentenced to 9 months imprisonment. - All sentences are to be concurrent so that the accused will serve a total sentence of 4 years and 10 months imprisonment. Any time the accused has already spent in custody pending the outcome of this matter is to be further deducted from that sentence. -
Representation:	F Lagaaia for prosecution L R Schuster for accused
Catchwords:
Words and phrases:
Legislation cited:	Narcotics Act 1967, s.18; (b) s.6 (1) (b) s.18; (c) s.6 (1) (a).18; and (d) Arms Ordinance 1960 s.12
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NOs: S2237/14, S22240/14-S2242/14, S2151/14-S2153/14

BETWEEN

P O L I C E
Prosecution

A N D

IULIANO aka JUNGLE TITI MATI male of Fasitoo-tai and Tanumalala.
Accused

Counsel:
F Lagaaia for prosecution
L R Schuster for accused

Sentence: 15 April 2015

S E N T E N C E

The charges

1. The accused appears for sentence on: (a) one charge of possession of narcotics, namely, three marijuana joints, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18; (b) one charge of possession of narcotics, namely, eighty eight (88) marijuana seeds, contrary to s.6 (1) (b) of the Act, which also carries a maximum penalty of 14 years imprisonment under s.18; (c) one joint charge of cultivation of narcotics, namely, one hundred and eighty five (185) marijuana plants, contrary to s.6 (1) (a) of the Act, which carries a maximum penalty of 14 years imprisonment under s.18; and (d) one charge of being in possession of an unlawful weapon, namely, a 22 revolver pistol, contrary to s.12 of the Arms Ordinance 1960, which carries a maximum penalty of 5 years imprisonment.
2. The accused pleaded not guilty to the charges on 9 September 2014. On 6 February 2015, the day of trial, the accused through his counsel vacated his not guilty plea and substituted it with a guilty plea.

The offending

3. The prosecution’s summary of facts shows that on 10 July 2014 around 6 am in the morning, a team of police officers went to Tanumalala with a search warrant to search the land occupied by the accused as it was suspected that marijuana were grown on that land. When the police arrived at Tanumalala, they found the accused sleeping in a neighbour’s house a short distance from his own house. The accused and the two men sleeping with him in that house were shown the search warrant before the police started with their search. The police found a 22 revolver pistol on the accused and a black bag among clothes in a corner of the house. The accused admitted to the police that the black bag belonged to him. When the police opened the bag, they found three marijuana joints and a red packet of Pall Mall which contained eighty eight (88) marijuana seeds.
4. Following the search of the accused and the house in which he was sleeping, the accused told the police the location of the marijuana plantation he was cultivating. The police were then taken by the accused to the marijuana plantation and they found one hundred and eighty five (185) marijuana plants of various heights growing in the plantation. The accused told the police that he is a joint owner of the marijuana plants. The police then brought the accused to the Apia police station where he was cautioned and interviewed.

The accused

5. As the pre-sentence report shows, the accused is a 34 year old male of Fasitoo-tai. He is single and works on his family’s plantation. He had a low level of education having left school at Year 10 because his parents could not afford to pay for his school fees.
6. The accused also told the probation service that he has been using marijuana since 2011 and cultivated the marijuana plants found by the police for his own personal consumption to strengthen him and relieve stress when doing work on his plantation. I must say that I do not believe the accused. Cultivating one hundred and eighty five (185) marijuana plants is simply far too much a quantity of marijuana for any one individual’s personal consumption. There must be a commercial motive behind this large scale cultivation of marijuana. It is people like the accused who are at the root of the marijuana problem in this country.
7. The accused is a first offender and the testimonials from his sister and the pastor of his church show that he has been a person of previous good character. However, this has to be qualified by the accused’s admission to the probation service that he has been using marijuana since 2011.
8. The accused appears to have cooperated with the police during their search because he freely admitted to the police that the marijuana substances found in the black bag found in a corner of the house in which he was sleeping belonged to him. He also volunteered to the police the location of his marijuana plantation and took the police to his marijuana plantation.
9. The accused also pleaded guilty to the charges against him though it was somewhat belated.

Aggravating features relating to the offending

(b) Quantity of marijuana

10. The number of marijuana plants cultivated by the accused and the quantity of marijuana, including the marijuana plants, found in his possession were quite substantial by Samoan standards

(c) Commercial purpose

11. Given the large number of marijuana plants cultivated by the accused, the irresistible inference to be drawn is that these plants were intended for a commercial purpose. Being a cultivator of marijuana also suggests that the eighty eight (88) marijuana seeds found in the accused’s possession were intended for cultivation.

(d) Possession of firearm

12. Some of the cases of large scale cultivation of marijuana that have come before the Court have involved possession of firearms. Often the reason given for this is that firearms are needed to protect the accused’s marijuana plantation from other people, for example, thieves. If this is so, possession of firearms can be dangerous and the danger arises from the fact of cultivation. Without the cultivation of marijuana there would have no need for the accused to be in possession of a firearm. In addition, in cases of cultivation which involve possession of firearms, such firearms are always unlicensed. In this case, there is good reason to believe that the unlicensed 22 revolver pistol found on the accused was intended for the protection of his marijuana plantation which can be dangerous.

Mitigating features relating to the offending

Cooperation with police investigation

13. Cooperation by the accused with the police investigation is a mitigating feature relating to the offending.

Mitigating feature relating to the accused as offender

14. The accused’s plea of guilty to the charges against him though belated, is a mitigating feature relating to the accused as offender.

Discussion

15. In this case, I will apply the totality principle of sentencing. I will also take the charge of cultivation of narcotics as the lead charge.
16. Having regard to the need for deterrence with this type of case as well as the aggravating and mitigating features relating to the offending, I will take 6 years as the starting point for sentence. I will give a limited credit for previous good character (not previous perfect character) and deduct 4 months. That leaves 5 years and 8 months. I will further deduct 15% or 10 months for the belated guilty plea. That leaves 4 years and 10 months.

Result

17. (a) For the lead charge of cultivation of narcotics, the accused is convicted and sentenced to 4 years and 10 months imprisonment.

(b) For the charge of possession of eighty eight (88) marijuana seeds the accused is convicted and sentence to 8 months imprisonment.

(c) For the charge of possession of three marijuana joints the accused is convicted and sentenced to 2 months imprisonment.

(d) For the charge of being in possession of an unlawful firearm, namely, a 22 revolver pistol, the accused is convicted and sentenced to 9 months imprisonment.

18. All sentences are to be concurrent so that the accused will serve a total sentence of 4 years and 10 months imprisonment. Any time the accused has already spent in custody pending the outcome of this matter is to be further deducted from that sentence.

Honourable Chief Justice