Police v Ioane [2016] WSSC 177 (14 March 2016)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2016] WSSC 177

Case name:	Police v Ioane
Citation:	[2016] WSSC 177
Decision date:	14 March 2016
Parties:	POLICE (Prosecution) STEVEN IOANE, male of Lealaalii Faleasiu. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	In respect of these charges you will be convicted on both charges and sentenced to 3 years in prison. Any remand in custody time awaiting sentence is to be deducted from that 3 year term.
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:

STEVEN IOANE, male of Lealaalii Faleasiu.
Defendant

Counsel: F Ioane for prosecution
Defendant unrepresented

Sentence: 14 March 2016

SENTENCE

1. Steven has pleaded guilty to a charge of being in possession of sixty one (61) marijuana seeds and sixty five (65) marijuana branches. The police summary which he has admitted on a previous occasion says he is a 31 year old male of Faleasiu married with children and is a “faifa’atoaga” (planter).
2. On 25 November 2015 he went with a companion to Faleatiu and bought some marijuana. Information was received by the police about the defendant his companion and the narcotics. They stopped the vehicle at Afega and searched it. They found a plastic bag underneath the defendants seat which contained the seeds and the marijuana branches with which he has been charged.
3. Clearly the quantity that was found on the defendant indicates it is more than is required for personal recreational use. He is therefore must be taken to be involved in the commercial marijuana trade.
4. The court has noted before that people who deal in illegal narcotics are at the heart of the marijuana problem in this community and they will receive little leniency. The maximum penalty for possession of marijuana is 14 years.
5. Considering all the circumstances of the present case sentence should start at 5 years. I will deduct one-quarter of the term to reflect Stevens guilty plea which has saved the courts time and resources. That leaves a balance of 45 months. The defendant has a good pre-sentence report he also has a clean criminal record. I will deduct 9 months to reflect those matters, leaves a balance of 36 months.
6. In respect of these charges you will be convicted on both charges and sentenced to 3 years in prison. Any remand in custody time awaiting sentence is to be deducted from that 3 year term.
   

JUSTICE NELSON