Police v Tauasosi [2018] WSSC 77 (25 May 2018)

IN THE SUPREME COURT OF SAMOA
Police v Tauasosi [2018] WSSC 77

Case name:	Police v Mareko Sia Tauasosi
Citation:	[2018] WSSC 77
Decision date:	25 May 2018
Parties:	POLICE (Informant) and MAREKO SIA TAUASOSI male of Saleapaga (Defendant)
Hearing date(s):
File number(s):	S384/18
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:	- In relation to the charge that is before the Court you are accordingly convicted and sentenced to carry out 50 hours of community work. That sentence takes into account the fact that you successfully completed the Toe Afua se Taeao Fou program.
Representation:	L Mamaia for Prosecution Defendant self represented
Catchwords:	Possession of marijuana.
Words and phrases:	attempted to conceal your offending by throwing the marijuana out of the bus, a non-custodial sentence is appropriate, you are now expected to have addressed your offending and now have the skills to not engage in use of marijuana again, Stay away from narcotics, marijuana or any other drugs that are unlawful, should you re-appear for re-offending, you run the risk of imprisonment.
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

MAREKO SIA TAUASOSI, male of Saleapaga.
Defendant

Counsel:
L Mamaia for Prosecution
Defendant self represented

Sentence: 25 May 2018

ORAL SENTENCE

The Charge:

1. Mareko, you appear for sentencing on one charge of possession of narcotics (Information S384/18) that at Falefa on the 16 February 2018, you knowingly had in your possession narcotics namely loose leaves of marijuana in a plastic bag weighing 1.8 grams.

The Offending:

2. You have accepted the Prosecution summary of facts that at 6.40pm on the 16 March 2018, the bus that you were travelling on was stopped by police. When the police approached the bus, you threw out a small plastic bag from the bus. That plastic bag contained marijuana loose leaves weighing 1.8 grams. You admitted to police that it was marijuana. The 1.8 grams of marijuana are estimated to yield two marijuana cigarettes.

The Accused:

3. You are a 24 year old male of Saleapaga. You are married with one child on the way. You are unemployed but work as a planter.

Aggravating Features of the Offending:

4. In terms of the aggravating features of your offending I accept that you attempted to conceal your offending by throwing the marijuana out of the bus. There are no mitigating features in respect of your offending there are also no aggravating features personal to you as an offender as you are a first offender.

Mitigating Features as an Offender:

5. In terms of mitigating factors personal to you as an offender I note the following:
   • (a) I accept that you are remorseful for your offending as set out in the pre-sentence report;
   • (b) I also take into account your prior good character;
   • (c) Your early guilty plea and;
   • (d) Your successful completion of the Toe Afua se Taeao Fou program.

Discussion:

6. I have heard from the prosecution and accept their submission that a non-custodial sentence is appropriate. I also congratulate you on successfully completing the Toe Afua Se Taeao Fou progam. You must however understand Mareko that having completed the program successfully, you are now expected to have addressed your offending and now have the skills to not engage in use of marijuana again. Even though today there will be a non-custodial sentence imposed, should you re-appear for re-offending, you run the risk of imprisonment. Stay away from narcotics, marijuana or any other drugs that are unlawful.

Result:

7. In relation to the charge that is before the Court you are accordingly convicted and sentenced to carry out 50 hours of community work. That sentence takes into account the fact that you successfully completed the Toe Afua se Taeao Fou program.

JUSTICE CLARKE