Police v Leaitu [2020] WSSC 43 (27 July 2020)

SUPREME COURT OF SAMOA
Police v Leaitu [2020] WSSC 43

Case name:	Police v Leaitu
Citation:	[2020] WSSC 43
Decision date:	27 July 2020
Parties:	POLICE v LAELI LEAITU male of Fasitoo-uta.
Sentencing date(s):	27 July 2020
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- Accordingly, on the two charges before the Court you are convicted and ordered to come up for sentence within 12 months if ordered by the Court. You are directed to pay Court cost of $100.00 within 14 days.
Representation:	Q Sauaga for Prosecution Accused Self-Represented
Catchwords:	Possession of Narcotics- possession of seeds
Words and phrases:	consumption of marijuana was strictly for health reasons; unsuitable for programs given health.
Legislation cited:	Narcotics Act 1967 ss. 7&18, s. 6(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

LAELI LEAITU male of Fasitoo-uta.
Accused

Counsel: Q Sauaga for Prosecution

Accused Self-Represented

Sentence: 27 July 2020

ORAL SENTENCE

1. Laeli, you appear for sentence on one count of possession of narcotics contrary to section 7 and 18 of the Narcotics Act which carries 14 years imprisonment as well as one count of possession of seeds contrary to section 6(b) of the Narcotics Act which also carries a 14 years imprisonment maximum.

The Offending

2. According to the Prosecution Summary of Facts which you have accepted this afternoon, on the 18th December last year at about 8am at Fasitoo-uta, an off-duty police officer was waiting for the bus. He saw you speaking to your co-defendant Vailepa. The police officer noticed that Vailepa had discreetly handed over a wrapped piece of paper to you and he then left. The off-duty police officer became suspicious about what was handed to you. He spoke to you and you handed to him the piece of paper. Inside the wrapped small paper were three small branches of marijuana loose leaves and 144 marijuana seeds. You were then taken to the police station, cautioned and charged.

The Accused

3. You are a 68 year old male of Fasitoo-uta, unemployed. A Pre-Sentence Report has not been able to be prepared for your matter. As prosecution is not seeking an imprisonment term, I dispense with the need for a Pre-Sentence Report. In the letter from the Probation Service however, it is noted that you told the Probation Service that your consumption of marijuana was strictly for health reasons. You have provided to me and I have cited a medical report from the National Health Service confirming that you suffer from chronic kidney disease. You have no prior convictions at the age of 68 years of age.

Aggravating features of your offending:

4. The aggravating features of your offending is the amount of marijuana in your possession.

The mitigating features personal to you as an Offender:

5. The mitigating features personal to you as an offender are as follows:
   • (i) your remorse and apology;
   • (ii) your prior good character at 68 years of age; and
   • (iii) your early guilty plea.

Discussion:

6. Laeli you are 68 years of age. I accept that you suffer from a serious medical condition. I accept also that what you have told the Probation Service that you had used marijuana for medical purposes. You however are far too old to be behaving like a foolish young man. You should know better. You have health issues, you need to obtain medication that is prescribed and is legal. You are also far too old to be standing at bus stations and taking marijuana from people there.
7. Prosecution seeks a non-custodial sentence involving supervision. I accept that a non-custodial sentence is appropriate given all the circumstances of your case. In that regard, I take into account your first offender status, your age and the serious health condition that you suffer. Given your obvious health problems, your age and what the Probation says in their letter of 21 February 2020 that you are unsuitable for programs given your health, I will not impose a supervision term.

Result:

8. Accordingly, on the two charges before the Court you are convicted and ordered to come up for sentence within 12 months if ordered by the Court. You are directed to pay Court cost of $100.00 within 14 days.

JUSTICE CLARKE