Police v Manuele [2016] WSSC 153 (22 February 2016)

IN THE SUPREME COURT OF SAMOA
Police v Manuele [2016] WSSC 153

Case name:	Police v Manuele
Citation:	[2016] WSSC 153
Decision date:	22 February 2016
Parties:	POLICE (Prosecution) MANUELE MANUELE male of Puipaa. (Defendant)
Hearing date(s):	-
File number(s):	S3817/45
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:
Representation:	F Ioane 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:

MANUELE MANUELE male of Puipaa.
Defendant

Counsel: F Ioane for prosecution
Defendant unrepresented

Sentence: 22 February 2016

SENTENCE

1. Manuele has pleaded guilty to a charge that at Puipaa on the 04^th of December 2015 he knowingly had in his possession fifty one (51) marijuana cigarettes. The police summary of facts which when read to him this morning he accepted says he is a 38 year old male of Puipaa married with children.
2. On the 04^th of December 2015 the police received a call that the defendant is selling marijuana from his house at Puipaa. When the defendant saw the police he ran away and threw his black bag into the banana plantation. The police pursued the defendant, caught him and brought him back to the house together with the black pack back. They opened the bag and found the fifty one (51) marijuana cigarettes wrapped in foil. Accordingly they arrested the defendant and hence the charge against him today.
3. It is clear from the summary of facts that what the defendant was doing was indeed selling narcotics from his house. Marijuana has become a big problem in our community, resulting in Parliament doubling the penalty from 7 to 14 years for possession of marijuana. And resulting in the court imposing heavy penalties where appropriate. In particular the court has stated that if you are involved in dealing or selling marijuana you can expect a prison sentence. So that people are aware that if you are in the business of making money out of growing and selling this drug you can expect severe consequences. Many people are serving sentences at Tafaigata for being involved in the sale of marijuana and sadly there will continue to be many others joining them.
4. The prosecution have submitted that in this case sentencing for Manuele should start at 3 years in prison. I accept that as a start point sentence will start at 3 years in prison. From that start point Manuele you are entitled to certain deductions by law I am going to make that for you. Firstly for your guilty plea that has saved the time of the court and the scarce resources of the State. I will deduct one-quarter of the term from the start term, that is a period of 9 months, leaves a balance of 27 months.
5. You are a first offender and you have a good pre-sentence report. That report is supported by a letter from your faifeau. The report speaks well of your tautua to your family and your ekalesia. To reflect those matters I will deduct 6 months from your sentence, leaves 21 months in prison.
6. Sa e nofo taofia e fa’atalitali le mataupu lenei Manuele? (Defendant said yes). E poloaiga foi la e le Fa’amasinoga le taimi atoa lea sa e nofo taofia ai, amata mai le taimi lea na taofia ai oe e le ofisa o leoleo mai le aso o le soligatulafono, e tatau ona toesea foi le taimi lena mai lau 21 masina lea ua tuu atu e fai ma au fa’asalaga. O le fa’aiuga lena e 21 masina e te nofo sala ai i le toese ae toese ai le taimi lea sa e nofo taofia ai.
   

JUSTICE NELSON