Police v Maini [2018] WSSC 30 (13 March 2018)

SUPREME COURT OF SAMOA
Police v Maini [2018] WSSC 30

Case name:	Police v Maini
Citation:	[2018] WSSC 30
Decision date:	13 March 2018
Parties:	POLICE v AMOSA MAINI male of Satapuala.
Hearing date(s):
File number(s):	S512/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 9 months imprisonment on each of the two charges against you. Both sentences to be concurrent. - Anytime you have spent in custody pending the outcome of this matter, is to be deducted from that sentence.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	Alcohol and Drug Court – aggravating features relating to the accused as offender – aggravating features relating to the offending – starting point for sentence – sentence – Toe Afua Se Taeao Fou rehabilitation programme -
Words and phrases:
Legislation cited:	Narcotics Act 1967, s.6 (1), (b), s.6 (1), (b
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

A N D:

AMOSA MAINI male of Satapuala.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 13 March 2018

S E N T E N C E

The charges

1. Amosa Maini, you appear for sentence on one charge of possession of seventy two (72) marijuana seeds, contrary to s.6 (1), (b) of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment, and a second charge of possession of thirty four (34) marijuana seeds, contrary to s.6 (1), (b) which carries the same maximum penalty. You had pleaded not guilty to both charges but you were found guilty at trial.

The offending

2. At Faleolo on 15 March 2017, you were congregating with four or five other males next to a green pick-up vehicle without a front windshield at the reserve on the opposite side of the road from the airport terminal. This is not far from the Faleolo police post. Three police officers came and dispersed you and your mates. You were then instructed by the police to drive the pick-up vehicle to the Faleolo police post. This is a vehicle which was given to you for repairs as you are mechanic. When the police searched the vehicle at the Faleolo police post, they found marijuana seeds scattered on the seat of the vehicle. These were collected and counted by the police. It came to thirty four marijuana seeds.
3. You had also been seen by a prosecution witness throwing a paper bag under the rear tyres of the pick-up vehicle where it was parked at the reserve on the opposite side of the road from the Faleolo airport terminal. A police officer picked up this paper bag and it was found to contain seventy two marijuana seeds. You were therefore charged by the police with possession of a total of one hundred and six marijuana seeds.
4. Because you had pleaded not guilty to the charges, you were not eligible for referral to the Alcohol and Drugs Court (ADC) to undergo any of the rehabilitation programmes of that Court.

The accused

5. Your supplementary pre-sentence report shows that you are 45 years old and have a married wife. You are a mechanic and you earn your living from using your skills as a mechanic. You are the main source of income for your family.
6. Your pre-sentence report also shows that when you were convicted of possession of narcotics, namely, marijuana, on 13 July 2016, you were sentenced to 6 months supervision and ordered to attend the ADC’s Toe Afua Se Taeao Fou rehabilitation programme. However, you now appearing again before the Court for the same type of offence. You also have previous convictions for theft and trespass in 2015 for which you were convicted and fined $400.
7. Your wife told the probation service that you are a hardworking and dependable person. This is the same thing your wife told the probation service in 2015 as shown from your pre-sentence report of that year.

The aggravating features relating to the offending

8. The quantity of marijuana seeds found in your possession is an aggravating feature relating to your offending.

The aggravating features relating to the accused as offender

9. Your previous conviction in 2016 for possession of narcotics is an aggravating feature relating to you as offender. Even though you were sentenced to 6 months supervision and ordered to attend one of the ADC’s rehabilitation programme, that has not worked for you.

The mitigating features relating to the accused as offender

10. There is no mitigating feature relating to you as offender.

Discussion

11. Having regard to the totality principle and the quantity of marijuana seeds found in your possession and the need for deterrence in this type of offending, I will take 8 months as the starting point for sentence. I will add on one month for your previous conviction in 2016 for the same type of offending. That increases the starting point to 9 months. There is no deduction to be made.

Result

12. You are convicted and sentenced to 9 months imprisonment on each of the two charges against you. Both sentences to be concurrent.
13. Anytime you have spent in custody pending the outcome of this matter, is to be deducted from that sentence.
14. Stand down.

CHIEF JUSTICE