Police v Suivai [2018] WSSC 112 (9 November 2018)

SUPREME COURT OF SAMOA
Police v Suivai [2018] WSSC 112

Case name:	Police v Suivai
Citation:	[2018] WSSC 112
Decision date:	09 November 2018
Parties:	POLICE (Prosecution) AND TA’ITA’IFONO ULUGIA SALA SUIVAI also known as BOOYA ULUGIA SALA SUIVAI male of Vaiusu-Tai. (Defendant)
Hearing date(s):	-
File number(s):	S1289/18, S1301/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- On the charge of cultivation of the seventy-one (71) plants you will be convicted and sentenced to 3 years in prison. - On the charge of possession of the three cigarettes convicted and sentenced to 3 months in prison concurrent term. Remand in custody time to be deducted.
Representation:	L Faasii for prosecution Defendant unrepresented
Catchwords:	possession prohibited narcotics - pleaded guilty – cultivation - make a living out of selling drugs - heart of drug trafficking - police conducted a search - first time drug offender - prevalence and seriousness of drug offending -
Words and phrases:
Legislation cited:	Narcotics Act 1967
Cases cited:	Police v Moa [2013] WSSC 24
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TA’ITA’IFONO ULUGIA SALA SUIVAI also known as BOOYA ULUGIA SALA SUIVAI male of Vaiusu-Tai.
Defendant

Counsel:
L Faasii for prosecution
Defendant unrepresented

Sentence: 09 November 2018

S E N T E N C E

1. The defendant has pleaded guilty to two charges firstly S1289/18 that at Vaiusu-tai on 21 August 2018 he did cultivate seventy-one (71) marijuana plants ranging from 4½ inches to 3 feet 3 inches in height being prohibited plants under the Narcotics Act 1967. His co-defendant Darren Stanley has pleaded not guilty.
2. The defendant also pleaded guilty to S1301/18 which says that at Vaiusu-tai on 21 August 2018 he did have in his possession prohibited narcotics namely three (3) marijuana cigarettes securely wrapped in white paper weighing 1.4grams. Likewise, his co-defendant Mr Stanley has pleaded not guilty to that charge.
3. The police summary of facts which was admitted by the defendant states he is a 41-year-old male of Vaiusu-tai single and unemployed. He resides at Vaiusu with his family and works to support the family as per normal. On Tuesday, 21 August 2018 around 12:00 noon the police conducted a search of the defendants premises at Vaiusu-tai because he was suspected of cultivating marijuana. Defendant was present during the search. And after informing him of the matter the police began to search the whole property.
4. Behind the defendants house they discovered seventy-one (71) marijuana plants ranging in height from 4½ inches to 3 feet 3 inches. Search of inside the house revealed three (3) marijuana cigarettes weighing 1.4 grams securely wrapped in white rolling paper. The police summary says they asked the defendant about the cigarettes and the defendant admitted the cigarettes belonged to him. The defendant was apprehended and charged leading to his court appearance today for sentence on the charges aforementioned.
5. It is clear from the facts that the marijuana being grown by the defendant was not for personal use given the quantity. The court has said on many previous occasions and in many prior case that involving yourself in illegal narcotics such as marijuana is a perilous path. The prevalence and seriousness of drug offending in our community has led Parliament to doubling the penalties in relation to marijuana in the last few years, and the courts routinely send people to prison for being in possession of marijuana. In particular, those who make a living out of selling and dealing in the narcotic. It expressed the view in cases like Police v Moa [2013] WSSC 24:

“The penalties on those who make a living out of selling drugs will be especially severe because they are at the heart of drug trafficking in this country. To dealers and sellers of marijuana, court says this: “find something else to do. There is no profit or happy ending in doing drugs or being involved in the trade.””

6. I will deal firstly with the charge of cultivation which is the more serious of the two charges. You have pleaded guilty to cultivating seventy-one (71) plants, that is a large number of plants Ta’ita’ifono. They range from the smallest of 4½ inches to reasonably mature plants over one meter tall. The maximum penalty for this kind of offending is 14 years in prison. The police have suggested that sentencing in your case Ta’ita’ifono should start at 8 years. But I think that is too high a start point considering the facts of your offending 5 years is the more appropriate start point. In mitigation I have read your pre-sentence report Ta’ita’ifono, you have a good background of service to your aiga and to your community. You are supported by your sister and the report has good written testimonials from your pulenuu as well as your faifeau. You have a previous conviction but that is for a different kind of offending so I am going to ignore it for todays exercise. For present purposes I treat you as a first time drug offender. To reflect these factors I give full credit of 6 months deduction, leaves a balance of 4½ years.
7. A deduction should also be made for your guilty plea because that has saved the courts precious time and resources. For that I will deduct 1½ years, leaves a balance of 3 years in prison.
8. On the charge of cultivation of the seventy-one (71) plants you will be convicted and sentenced to 3 years in prison.
9. On the charge of possession of the three cigarettes convicted and sentenced to 3 months in prison concurrent term. Remand in custody time to be deducted.
   

JUSTICE NELSON