Police v Tino [2024] WSSC 45 (21 February 2024)

IN THE SUPREME COURT OF SAMOA
Police v Tino [2024] WSSC 45 (21 February 2024)

Case name:	Police v Tino
Citation:	[2024] WSSC 45
Decision date:	21 February 2024
Parties:	POLICE (Informant) v PAULO SU’A TINO male of Salelavalu (Defendant)
Hearing date(s):
File number(s):	2023-03841
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:	On the one charge of cultivating a prohibited marijuana plant, you are convicted and sentenced to 16 months supervision. You are further ordered to pay $200 of prosecution costs by 12pm this Friday 23rd of February, in default 4 weeks imprisonment.
Order:
Representation:	J. Leung Wai and L. Matauaina for Prosecution Defendant in person
Catchwords:
Words and phrases:	“Cultivation of prohibited marijuana plant”
Legislation cited:	Narcotics Act 1967 s. 6(1)(a).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

PAULO SU’A TINO male of Salelavalu.

Defendant

Counsel: J. Leung Wai and L. Matauaina for Prosecution

Defendant in person

Sentence: 21 February 2024

SENTENCE

1. You appear this afternoon for sentence on one charge of unlawful cultivation of a prohibited plant namely marijuana. The maximum penalty is 14 years imprisonment. The record shows that you entered a guilty plea to the charge on the 18th December 2023 when finalised by prosecution.
2. On the 20th November 2023 around 10.00am, Tuasivi police received information that you were cultivating a marijuana plant at your home at Salelavalu. They came to your place, notified you and your father and proceeded to conduct their search. On top of your outdoor kitchen, they found a marijuana plant grown in a pot. You admitted ownership of the plant before it was confiscated by police. They then arrested and took you in for questioning.
3. I consider as an aggravating feature of your offending the prevalence and impact of narcotic offending.
4. In mitigation of penalty I take into account several factors. The first relates to quantity, namely one plant which suggests that it was for personal use. The second is your guilty plea entered at the earliest opportunity once the charge was finalised. The third being your personal circumstances.
5. You are 35 years of age. You have the custody of a three year old son whom you share with a partner that you no longer live together with. You have had a reasonably good education with a qualification in carpentry, welding and engineering. You have worked a number of jobs here and in American Samoa. You are now responsible for the care of your elderly parents. In 2014 you were diagnosed and commenced treatment for parkinson’s disease as confirmed by a letter from Dr. Titi Lamese. In fact, you told Probation that following a conversation with an unnamed individual, you wanted to explore the medicinal impact of marijuana on your illness hence the plant you cultivated and were found in possession of. Whatever the reason, it is unlawful to knowingly possess or cultivate marijuana. There are testimonials by Rev. Kasipale Pitovao Pula of the Catholic Church of Salelavalu and Gagaseu Uilisone, the pulenuu. You are a first offender. I had also listened to your plea for leniency when this matter was last called, I accept that you are remorseful.
6. With a maximum penalty of 14 years imprisonment you should have no doubt this is serious offending. Prosecution seek a custodial sentence with a starting point of 10 months. They cite in support four cases in which custodial sentences were imposed.
7. I have carefully considered the circumstances of each case. In comparison, the quantity in your case is smaller. I do not also consider lightly the mitigating factors in your favour and your plea for another chance. I have decided to grant you that opportunity. But you will not receive the same leniency if you come back for a similar offence in the future.
8. On the one charge of cultivating a prohibited marijuana plant, you are convicted and sentenced to 16 months supervision. You are further ordered to pay $200 of prosecution costs by 12pm this Friday 23rd of February, in default 4 weeks imprisonment.

JUSTICE ROMA