Police v Mareko [2019] WSSC 30 (15 March 2019)

SUPREME COURT OF SAMOA
Police v Mareko [2019] WSSC 30

Case name:	Police v Mareko
Citation:	[2019] WSSC 30
Decision date:	15 March 2019
Parties:	POLICE v TONY MAREKO male of Vaigaga and Nuusuatia.
Sentencing date(s):	15 March 2019
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- Tony, from the 18 months start point for sentence I deduct 2 months for your remorse, 3 months for your prior good character, 1 month for your youth and 3 months for your guilty plea. Accordingly, in respect of the charge before the Court you are convicted and sentenced to 9 months imprisonment, less time remanded in custody.
Representation:	F Ioane for Prosecution Accused self-represented
Catchwords:	possession of narcotics
Words and phrases:	possession of marijuana was for a commercial purpose, substantial quantity of marijuana in your possession.
Legislation cited:	Narcotics Act 1967 ss.7&18
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

TONY MAREKO male of Vaigaga and Nuusuatia.
Accused

Counsel:
F Ioane for Prosecution

Accused self-represented

Decision: 15 March 2019

O R A L S E N T E N C E

The Charge:

[1] Tony, you appear for sentence on one charge of possession of narcotics, contrary to section 7 and 18 of Narcotics Act 1967. You entered a guilty plea to the charge at the first opportunity.

The Offending:

[2] According to the Prosecution’s amended Summary of Facts accepted by you, on the 8th December 2018 at around 4am, the Faleata police received a call regarding an altercation at Vaitele-tai. The police attended to the call and on arrival at Vaitele-tai, members of the public reported you and the group of boys as involved in that altercation. You were taken to the Faleata police station for questioning. A body search was conducted. As a result, you were found in possession of 11 small plastic bags containing dried loose marijuana leaves weighing 22.3grams. These marijuana is estimated to yield 31 marijuana cigarettes.

The Background of the Accused:

[3] You are a 21-year-old male of Vaigaga. You are unemployed and according to the summary of facts you have no prior convictions. According to your Pre-Sentence report you are the eldest of 6 children. You attended high school but were expelled in year 11 for non-compliance to school rules. You had some employment following after you completed school. On interview members of your family provided positive character references in respect of you.

Aggravating Features of the Offending:

[4] The aggravating features of your offending are as follows:

The quantity of marijuana in your possession; and

The need for deterrence of this type of offending.

[5] Prosecution had initially submitted that your possession of marijuana was for a commercial purpose. In your sentencing you indicated that you had bought the marijuana in the plastic bag and that you are not a dealer. You said the marijuana was for your personal use. This is consistent with your pre-sentence report. Due to this dispute the matter was adjourned for hearing of the disputed summary of facts to determine whether as a matter of fact your possession of marijuana was with a commercial intent.

[6] Prosecution has decided not to proceed with hearing on the disputed summary of facts on this question. On the summary of facts and the circumstances of this case, I am not infer that your possession of marijuana was for a commercial purpose. I do however accept that the quantity marijuana in your possession is an aggravating feature of your offending.

Mitigating Factors as an Offender:

[7] In terms of the mitigating factors personal to you, I accept the following:

1. I accept your remorse and regret and reflected in the pre-sentence report;

b) Early guilty plea;

c) Your prior good character; and

d) A nominal discount for your young age.

Discussion:

[8] Tony you are 21 years of age and are come to Court for sentencing on possession of marijuana. You have a substantial quantity of marijuana in your possession. It is regrettable for you that you were not accepted in the Alcohol and Drugs Court programs. You should have done everything in your power to remain in that program. You have stated that imprisonment is a waste of your life and there is no future there for you. I hope that you will always remember that so that you no longer consume marijuana or commit any other type of offending. You are young and you should make the most of your future.

[9] Prosecution seeks an 18 months start point of imprisonment. The sentencing authorities for this quantity of marijuana for commercial purposes varies but sentence start point are at significantly higher ranges in the 18 months sought by prosecution here. I accept that you had a significant quantity of marijuana in your possession. I also accept that the 18 months start point for sentencing is appropriate given the quantity of marijuana in your possession. That was a significant quantity of marijuana.

Result:

[10] Tony, from the 18 months start point for sentence I deduct 2 months for your remorse, 3 months for your prior good character, 1 month for your youth and 3 months for your guilty plea. Accordingly, in respect of the charge before the Court you are convicted and sentenced to 9 months imprisonment, less time remanded in custody.

JUSTICE CLARKE