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Police v Apulu [2008] WSSC 58 (4 August 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

KERETI APULU
male of Faleasiu.
Accused in person

Counsel: Ms Sua - Mailo for prosecution
Accused in person

Sentencing Date: 04 August 2008

SENTENCE BY JUSTICE VAAI

Defendant you are charged with being in possession of narcotics for which you are liable to 7 years imprisonment.

These prohibited drugs were found in your vehicle while you were in the vehicle together with others. The summary of facts that you have just confirmed says that you were driving these people to sell their fish at Vaiusu. The vehicle stopped at Faleatiu and a bag of fish was exchanged for some marijuana. I am now told by the accused that the exchange was made by one of the passenger and the accused was not aware that the exchange was the fish for marijuana. It was not until the defendant’s vehicle was stopped by the police at Mulifanua on their return trip that the accused knew that there were marijuana in the car. I am prepared to accept the explanation by the accused.

You are 47 years of age and you have a previous good record and you appear before the Court for the first time and entered a guilty plea at the earliest opportunity. I also read the probation report as well as the testimonials from the pulenuu and from your minister. The probation report recommends that you be placed on probation and do community work. But given your explanation to the Court and all the matters raised in the probation service, I am not prepared to do that.

For this offence you are convicted and asked to come up for sentence within 12 months. You will not be call upon if you do not re-offend.

JUSTICE VAAI