Police v Tom [2016] WSSC 79 (13 May 2016)

SUPREME COURT OF SAMOA
Police v Tom [2016] WSSC 79

Case name:	Police v Tom
Citation:	[2016] WSSC 79
Decision date:	13 May 2016
Parties:	POLICE v TOM JUNIOR TOM male of Taufusi
Hearing date(s):	13 May 2016
File number(s):	S807/15
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTCE LAULUSAMANAIA TUATAGALOA
On appeal from:
Order:	- Convicted and sentenced to 50 hours’ community service and six months’ supervision with the condition that he attends the 6 weeks alcohol/drug educational program through Probation.
Representation:	L Sio for Prosecution Defendant in Person
Catchwords:	Narcotics – possession – one marijuana joint – previous conviction of different nature -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TOM JUNIOR TOM, male of Taufusi
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Date: 13 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Tom, you appear for sentence on one charge of possession of one joint of marijuana.
2. The police was informed by a member of the public that the defendant with a co-defendant were trying to sell marijuana to members of the public at the 4 Corners at Taufusi, opposite AST.
3. Police attended and apprehended the defendant and his co-defendant. A marijuana joint was found on the defendant.
4. The maximum penalty for such an offence is 14 years’ imprisonment.
5. The defendant is not a first offender. The first offence was committed in 2010 when the defendant was just 15 years of age.
6. Prosecution said that first offending is not of the same offence to current offending, so the Court can see him as a first offender. The court agrees.
7. The defendant is convicted and sentenced to 50 hours’ community service and six months’ supervision with the condition that he attends the 6 weeks alcohol/drug educational program through Probation.
   

JUSTICE TUATAGALOA