Police v Taito [2021] WSSC 68 (6 July 2021)

IN THE SUPREME COURT OF SAMOA
Police v Taito [2021] WSSC 68 (06 July 2021)

Case name:	Police v Taito
Citation:	[2021] WSSC 68
Decision date:	06 July 2021
Parties:	POLICE v LOMI TAITO a.k.a TUA KOSELE, male of Salelologa & Puapua Savaii (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Niavā Mata Keli Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced to 2 years and three months’ imprisonment. Less any time in custody.
Representation:	V. Faasii for Prosecution Defendant appears in Person
Catchwords:	Possession of narcotics – marijuana – custodial sentence.
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss.6(1)(b); 7; 18.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

LOMI TAITO a.k.a TUA KOSELE, male of Salelologa & Puapua Savaii

Defendant

Counsel: V. Faasii for Prosecution
Defendant appears in Person

Date: 06 July 2021

ORAL SENTENCE

1. The defendant appears for sentence on charges of possession of narcotics: one branch with marijuana leaves; 35 marijuana joints;^[1] and 108 marijuana seeds still attached to the marijuana branch.^[2] The charges (x2) attracts the maximum penalty of 14 years’ imprisonment each.
2. According to the summary of facts provided by Prosecution, the police were alerted by a phone call of the defendant being a nuisance on the public road at Pu’apu’a village in Savaii. The police attended and found the defendant at the neighbouring village of Asaga. They took him to the Police Headquarters at Tuasivi where they searched the defendant and located the marijuana substance on him.
3. The defendant has a long history of various offences including five times where he was charged with possession of narcotics. From his previous record, he is a recidivist offender. The quantity of narcotics found on him is not small and the quantity suggests that the defendant is a seller.
4. The Court takes a serious approach with those that are found with a medium to high quantity of marijuana. The effects of narcotics upon the community is numerous and detrimental. The impacts of this type of offending and its prevalence requires the imposition of stricter penalties on offenders in order to protect the community and to curb its widely use and availability.
5. I agree with the starting point of 3 years recommended by the Prosecution. The only mitigating factor personal to the defendant is his early guilty plea to which he is entitled to a 25% discount in sentencing.
6. The defendant is convicted and sentenced to 2 years and three months’ imprisonment. Less any time in custody.
   

JUSTICE TUATAGALOA

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^[1] Narcotics Act 1967 ss. 7 & 18.
^[2] ibid., s. 6(1)(b).