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Supreme Court of Samoa |
IN THE SUPREME COURT OF SAMOA
Police vs Tita’e & Ors [2024] WSSC 30 (30 April 2024)
Case name: | Police vs Tita’e & Ors |
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Citation: | |
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Decision date: | 30 April 2024 |
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Parties: | POLICE (Informant) and ATONIO PELOSI TITA’E, male of Fasitoo Uta and Afega, KOSE IOANE male of Satui Fasitoo Uta and Afega, AUKUSITINO PELOSI male of Satui Fasitoo Uta and Afega (Accused) |
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Hearing date(s): | |
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File number(s): | |
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Jurisdiction: | SUPREME |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Leiataualesa Daryl Clarke |
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On appeal from: | |
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Order: | Atonio, you are accordingly convicted and sentenced as follows less remand in custody: (a) charge # 1, possession of narcotics as the lead charge on a totality basis in charging document dated 24th January 2024, 3 years and 10 months’ imprisonment; Kose, you are accordingly convicted and sentenced as follows less remand in custody: (a) charge # 1, possession of 97 marijuana plant in charging document dated 24th January 2024, 2 years and 9 months’ imprisonment; and Aukustino, you are convicted and sentenced 12 months supervision of the Probation Service and: (a) ordered to carryout 160 hours community work; and Should any of you return back to the court for similar offending, you can all expect to go back to prison. Find something legal to
grow and sell and contribute positively to the community. |
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Representation: | Ms. F. Ioane for the Prosecution Ms. T. Leavai for the Accused |
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Catchwords: | 5 charges of possession of narcotics; police raid. |
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Words and phrases: | |
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Legislation cited: | |
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Cases cited: | Police v Moa [2013] WSSC 24, Police v Faisauvale [2010] WSSC 83, Police v Robertson [2022] WSSC 24, Police v Seuva [2021] WSSC 69, Police v Christina Schuster, Police v Pritchard [2020] WSSC 19, Police v Stanley [2019] WSSC 45, Police v Suivai [2018] WSSC 12, Police v Stowers [2018] WSSC 45, Police v Siaki [2017] WSSC 75, Police v Fetalaiga [2016] WSSC 108, Police v Loto [2013] WSSC 22, Police v Papalii [2015] WSSC 66, Police v Vaipaipa [2015] WSSC 214, Police v Maposua [2010] WSSC 85. |
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Summary of decision: | |
IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN:
POLICE
Prosecution
AND:
ATONIO PELOSI TITA’E, male of Satui Fasitoo-Uta and Afega,
KOSE IOANE, male of Satui Fasitoo-Uta and Afega,
AUKUSITINO PELOSI, male of Satui Fasitoo-Uta and Afega.
Accused
Counsels: F. Ioane for Prosecution
Leota T Leavai for the Accused
Sentence: 30 April 2024
RESERVED SENTENCE
The Charges:
The Offending:
The Background of the Accused:
Aggravating Features of the Offending:
Mitigating Factors as an Offender:
Discussion:
Case | Quantity | Start Point |
Police v Robertson [2022] WSSC 24 (26 July 2022) | Cultivation of two marijuana plants. | 12 months reduced to six for participation ADC prior to exit. |
Police v Seuva [2021] WSSC 69 (12 July 2021). | Cultivation of 8 marijuana plants. | 2 years. |
Police v Christina Schuster (5 June 2020) (Unreported). | Possession of 189 marijuana seeds; 81 marijuana branches weighing 186.9 grams; 320 small plastic bags containing loose marijuana leaves
weighing 1434.7 grams; loose marijuana leaves weighing 28.7 grams; 24 marijuana cigarettes securely wrapped in pieces of foil weighing
at 117.8 grams; and one marijuana stem without leaves and roots. | 4 years. |
Police v Pritchard [2020] WSSC 19 (16 March 2020). | Possession of 19 marijuana cigarettes weighing 7.4 grams; 30 (marijuana) Sativa seeds; and Dried loose leaves of marijuana weighing
58.6 grams. | 4 years. |
Police v Stanley [2019] WSSC 45 (25 July 2019). | 71 marijuana plants, not small and some well grown. | 4 ½ years |
Police v Suivai [2018] WSSC 12 (9 November 2018). | 71 plants ranging from 4½ inches to 3 feet 3 inches in height and 3 marijuana cigarettes, commercial purpose. | Cultivation, 5 year start point. |
Police v Stowers [2018] WSSC 45 (10 April 2018). | 160 marijuana plants between 6 inches to 8 feet high, 867 marijuana branches weighing a total of 11.675 kilograms and between 3 to
11 inches long, 9,545 marijuana seeds, loose marijuana leaves weighing 21.4 kilograms, an unregistered air gun, and five unlawful
ammunitions. | 7 years |
Police v Siaki [2017] WSSC 75 (23 March 2017) | Cultivation of 3 marijuana plants and possession of 4 plants, commercial purpose. | 1 year |
Police v Fetalaiga [2016] WSSC 108 (5 July 2016). | Possession of 245 rolled cigarettes of dried marijuana leaves; 30 small dried branches marijuana leaves estimated to yield 7 marijuana
cigarettes; and 108 marijuana seeds. | 3 ½ years. |
Police v Loto [2013] WSSC 22 (21 May 2013) | One marijuana plant, not for commercial purpose. | 10 months. |
Police v Papalii [2015] WSSC 66 (2 July 2015) | Eighteen marijuana joints, commercial purpose. | 2 years. |
Police v Vaipaipa [2015] WSSC 214 (3 February 2015). | Possession of narcotics namely, forty (40) branches of marijuana. | 3 years. |
Police v Maposua [2010] WSSC 85 (28 July 2010). | “They recovered 2,398 marijuana seeds, 32 marijuana stalks, 3 marijuana plants with a total weight of 2,728 grams, loose leaves
of the substance and a smoking implement. They also found a .32 revolver with 17 rounds of ammunition....” Per Slicer J. | 4 years end sentence. |
Result:
JUSTICE CLARKE
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