Police v Tuiloma [2019] WSSC 72 (15 April 2019)

IN THE SUPREME COURT OF SAMOA
Police v Tuiloma [2019] WSSC 72

Case name:	Police v Tuiloma
Citation:	[2019] WSSC 72
Decision date:	15 April 2019
Parties:	POLICE v STAKECENTRE TUILOMA, male of Faala Palauli
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to 7 months’ imprisonment.
Representation:	F. Ioane for Prosecution P. Chang for the Accused
Catchwords:	possession of marijuana – first offender – custodial sentence
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

STAKECENTRE TUILOMA
Accused

Counsel:
F. Ioane for Prosecution
P. Chang for the Accused

Date: 15 April 2019

S E N T E N C E

1. Stakecentre, you now appear for sentence after a hearing where you were found guilty of being in possession of 14 marijuana joints.
2. You are 42 years’ old of Faala, Palauli and currently working as a taxi driver residing at Lotopa. At the time of the offending you were a taxi driver working and living in Savaii.
3. You are married with three (3) young children aged between 5 and 12 years. Written testimonials were provided to the Court by the Epikopo of your church and also the pulenu’u of your village Fusi, Safotulafai attesting to your good character. It is obvious from these testimonials that you were a law abiding citizen with an unblemished record prior to the offending.
4. The Court accepted the evidence of Constable Tupufia who observed you selling a marijuana joint in front of Frankies Supermarket at Salelologa, Savaii. That observation led to the laying of charges before the Court.
5. You were found with 14 marijuana joints that you tried to conceal from the police officers.
6. The Prosecution recommends a custodial sentence with a starting point of 12 months’ imprisonment. The Prosecution’s recommendation is based on previous sentencings where defendants were found with similar quantity of marijuana joints and where there was commercial intent present.
7. Your counsel seeks lenience for a non-custodial sentence on following:
   • (i) You are a first offender, and of previous character;
   • (ii) The offending was out of character;
   • (iii) Your important role as a father figure to your children as well as your responsibility providing financially for your young family;
   • (iv) You also help support your parents.
8. Selling marijuana in order to support your family is not acceptable. The income you would have received as a taxi driver is an honest way of making a living; and as you should know marijuana is illegal in this country therefore you should have known better and thought about the impact and consequences on your family and those depending on you if you were caught.
9. The offending involving marijuana is prevalent in this country and despite the high penalty imposed by the law of maximum 14 years’ imprisonment, people are still willing to take the risks of having it in their possession.
10. I cannot overlook the amount or quantity of marijuana joints found in your possession and the commercial intent (selling) that was present. \
11. I take the starting point of 12 months’ imprisonment recommended by the Prosecution, less your previous good character and your personal circumstances with a young family.
12. You are convicted and sentenced to 7 months’ imprisonment.

JUSTICE TUATAGALOA

ADDENDUM:

The accused seeks to serve his sentence at Vaiaata, Savaii. The Court agrees that it will be appropriate for the accused to serve his sentence in Savaii to be closer to his children and family.