Police v Luafa [2015] WSSC 84 (21 July 2015)

SUPREME COURT OF SAMOA
Police v Luafa [2015] WSSC 84

Case name:	Police v Luafa
Citation:	[2015] WSSC 84
Decision date:	21 July 2015
Parties:	POLICE (prosecution) LUAIPOU aka TUPOU MATAAFA LUAFA male of Lalovaea (accused)
Hearing date(s):
	S1644/15
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 3 months imprisonment
Representation:	R Titi for prosecution Accused in person
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:	Police v Apelu Aliva (2013) (sentence by Vaai J delivered on 8 July 2013), Police v Kauai Wilson (2013) (sentence by Malosi J delivered on 7 October 2013 Police v Lafai Logo(2014) (sentence by Sapolu CJ delivered on 27 January 2014)
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

LUAIPOU aka TUPOU MATAAFA LUAFA male of Lalovaea
Accused

Counsel:
R Titi for prosecution
Accused in person

Sentence: 21 July 2015

S E N T E N C E

1. The accused is a 26 year old male of Leauvaa. On 16 May 2015 at around 8:30pm at night, the Afega police received a call from the accused’s mother that the accused was drunk and causing a commotion at their home and she wanted the help of the police. When the police arrived at the accused’s home, they conducted a body search of the accused for safety reasons. The police found six marijuana joints in the accused’s pockets. When asked by the police about the marijuana joints, the accused replied they were given to him by other youths of his village.
2. The pre-sentence report shows that the accused admitted to the probation service that he has been smoking marijuana since 2010. He also told the probation service that he only smokes marijuana when he drinks alcohol. The accused is unemployed but works on his family’s plantation and serves his parents. He has a previous conviction but for a different type of offence. The accused pleaded guilty to the charge against him at the earliest opportunity.
3. In the case of Police v Apelu Aliva (2013) (sentence by Vaai J delivered on 8 July 2013), the accused was sentenced to 3 ½ months imprisonment for possession of four and half marijuana joints. In Police v Kauai Wilson (2013) (sentence by Malosi J delivered on 7 October 2013), the accused was sentenced to 2 months imprisonment for possession of a half marijuana joint and a small marijuana branch. In Police v Lafai Logo (2014) (sentence by Sapolu CJ delivered on 27 January 2014), the accused was sentenced to 3 months imprisonment for possession of five marijuana joints.

• In this case, I consider a sentence of 3 months imprisonment to be appropriate having taken into account the accused’s early guilty plea. The accused is accordingly sentenced to 3 months imprisonment.

CHIEF JUSTICE