Police v Aliimatafitafi [2018] WSSC 84 (12 July 2018)

SUPREME COURT OF SAMOA
Police v Aliimatafitafi [2018] WSSC 84

Case name:	Police v Aliimatafitafi
Citation:	[2018] WSSC 84
Decision date:	12 July 2018
Parties:	POLICE (Prosecution) AND SEMISI ALIIMATAFITAFI @ SEMISI IAKOPO ALIIMATAFITAFI male of Faleasiu, Matautu-uta and Fagaima American Samoa (Defendant)
Hearing date(s):	-
File number(s):	S240/18, S243/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- For possession of the ten (10) branches and leaves of marijuana I accept the prosecution recommendation of a start point of 12 months in prison. I will deduct one-quarter of that term in other words 3 months because of your guilty plea which has saved the courts time. That leaves 9 months in prison. There are no other factors in your favour, for that charge you will serve 9 months in prison. - So for the charge of possession of the seeds Semisi you will be convicted and sentenced to 2 years in prison. - Terms for these charges are to be concurrent, so you will serve a total of 2 years on these charges. Remand in custody time is to be deducted
Representation:	F Ioane for prosecution Defendant unrepresented
Catchwords:	- possession - marijuana branches - pleaded guilty - seeds of marijuana - search warrant – quantity - dealing in narcotics - commercial or financial gain - large quantity - convicted and sentenced - concurrent
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SEMISI ALIIMATAFITAFI @ SEMISI IAKOPO ALIIMATAFITAFI male of Faleasiu, Matautu-uta and Fagaima American Samoa.
Defendant

Counsel:
F Ioane for prosecution
Defendant unrepresented

Sentence: 12 July 2018

SENTENCE

1. Semisi faces two charges firstly charge S243/18 that on the 19^th of January he was in possession of ten (10) marijuana branches and some loose leaves of marijuana. A charge which he pleaded guilty to at first calling. Second charge is S240/18 that on the 19^th of January 2018 he had in his possession five hundred and seventeen (517) seeds of marijuana. To that charge he pleaded guilty when the amount of the seeds was reduced on prosecution application from 527 to 517.
2. These narcotics were found in the defendants possession when the police executed a search warrant of his house at Vaivase-uta on 19 January 2018. Branches were found on the defendants person and the seeds were found in the trash bin at his house. These offences are serious and the quantity of the branches and seeds indicates the defendant has graduated from burglary and theft to dealing in narcotics. Because Semisi has a long history of previous convictions for burglary theft and robbery and for some of those offences he was sent to prison.
3. There is no future in what you are doing Semisi only Tafaigata. I am amazed you do not know that because you are a smart guy. The maximum penalty by law for these offences you have pleaded guilty to is 14 years for each charge. Prosecution are seeking for possession of the seeds a term of 3½ years and for possession of the branches one year.
4. I agree with them the court needs to continue to send a message to established and new drug dealers and to the community in general. That if you engage or wish to dabble in the business of distributing narcotics for commercial or financial gain, bring a pillow and a mat because there is no pillow or mat at Tafaigata.
5. For possession of the ten (10) branches and leaves of marijuana I accept the prosecution recommendation of a start point of 12 months in prison. I will deduct one-quarter of that term in other words 3 months because of your guilty plea which has saved the courts time. That leaves 9 months in prison. There are no other factors in your favour, for that charge you will serve 9 months in prison.
6. For the charge of possession of five hundred and seventeen (517) seeds this is a large quantity but I think the 3½ years suggested by the prosecution is a little high. I think imprisonment should start at 2½ years. And there will be no uplift for your previous convictions because your previous convictions are for a different kind of offence. But from that 2½ years I will deduct 6 months for your late guilty plea, leaves 2 years in prison. So for the charge of possession of the seeds Semisi you will be convicted and sentenced to 2 years in prison.
7. Terms for these charges are to be concurrent, so you will serve a total of 2 years on these charges. Remand in custody time is to be deducted.
   

______________________
JUSTICE NELSON