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Police v Uisa [2012] WSSC 11 (20 March 2012)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FAASAO PESETA UISA aka LAUANOA FAASAO PESETA
male of Pu'apu'a and Salelologa.
Accused

Counsel: T Toailoa for prosecution
Accused in person

Sentence: 20 March 2012

SENTENCE

1. The accused Faasao Peseta is a 31 year old male of Salelologa and Pu'apu'a. He was found guilty after trial of one count of possession of narcotics pursuant to s.7 of the Narcotics Act 1967. The maximum penalty for this offence is 14 years imprisonment.
   
2. On Saturday night 5 February 2012 after the nightclubs at Salelologa had closed, the accused went to a takeaway shop to buy fish and chips. This was about 1am and the accused was drunk. As the accused took out coins from his pocket to pay for his fish and chips, the owner of the takeaway shop saw a plastic bag being taken out by the accused but was quickly put back into his pocket. The owner of the takeaway shop came over and took the plastic bag from inside the accused's pocket. It turned out to contain marijuana leaves. The matter was then reported to the Tuasivi police who came over and arrested the accused. The marijuana substances were found to weigh 15.7 grams which would fetch about 26 marijuana cigarettes.
   
3. Because of the continuing prevalence of narcotic offending in the community, the attitude of the Court to this type of offending has been to impose imprisonment terms unless the circumstances of the case justify a different type of sentence. The recent increase in the maximum penalty from 7 years imprisonment to 14 years imprisonment is also a reflection of the community's concern about the high rate of narcotic offending.
   
4. For this case, I will take 15 months as the starting point for sentence. I will deduct 6 months for the fact that the accused is a first offender. That leaves 9 months.
   
5. The accused is sentenced to 9 months imprisonment. The time he has spent in custody pending the outcome of this matter is to be deducted from that sentence.
   

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CHIEF JUSTICE

Solicitor
Attorney General Office, Apia, for prosecution
Accused in person