Home | Databases | WorldLII | Search | Feedback Supreme Court of Samoa

Police v Keti [2014] WSSC 111 (3 February 2014)

IN THE SUPREME COURT OF SAMOA
Police v Keti [2014] WSSC 111

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

GAFATALI LUAMANU KETI, male of Salelologa.
Defendant

Counsel: L Su’a-Mailo and G Nelson for prosecution
Defendant unrepresented

Sentence: 03 February 2014

SENTENCE

1. The police summary of facts which has been accepted by the defendant states he is a forty-four year old male of Salelologa married with four children. He works and supports his wife and his family by way of a plantation and sells his produce at the Salelologa Market.
2. On 24 December Christmas Eve 2013 police received a call that the defendant and a companion were transporting cannabis on the Mulifanua to Salelologa ferry. They followed the defendant and his companion from the wharf at Salelologa and the two men got off from a bus at Tui and Masis Restaurant. When the companion saw the police he fled and the police chased him. When they found him he told the police that the drugs were being carried by the defendant
3. The police apprehended the defendant and when they searched him they found one plastic bag containing four large branches of marijuana; seven small raw branches of marijuana wrapped in a piece of brown paper; one large Pall Mall packet containing two small branches and one cigarette of marijuana. The total weight of the marijuana was 106.6 grams estimated to be enough to make 153 joints. This is a large quantity of marijuana. This means the defendant and his companion are involved in the marijuana trade in Savaii.
4. The courts sentencing policy should be well known to the public by now. If you deal, sell or grow marijuana you are part of the drug problem. If you come before this court you will be sent to prison.
5. The maximum penalty for the offence was increased by our Parliament last year from seven (7) to fourteen (14) years. That shows Parliaments concern at the prevalence of this sort of offending. Courts have responded by continuing to impose deterrent sentences of imprisonment.
6. The maximum penalty for the offence Gafatali is 14 years imprisonment and prosecution have said that in the circumstances your sentence start point should be 5 years. I think in the circumstances that is too high. I will start sentence at 4 years.
7. You are entitled to certain deductions which I will now make. One-third is deducted for your guilty plea because that has saved the courts time and limited resources. That leaves a balance of thirty-two (32) months imprisonment. You have a good background as outlined in the pre-sentence report. You have a clean police record. It is clear that your family will suffer while you are in prison that is something you have brought on them yourself. In respect of those matters I will deduct twelve (12) months from the balance of your sentence, leaves twenty (20) months imprisonment. There are no other deductions Gafatali that you qualify for.
8. In respect of this matter you will be convicted and sentenced to twenty (20) months in prison
9. O lea sa e nofo taofia e faatalitali ai le faaiuuga le nei Gafatali? (Defendant said yes). Ua poloaiga foi e le Faamasinoga le taimi atoa lea sa e nofo taofia ai e toese mai le 20 masina lea. Ia faafetai, ua maea le mataupu.
   

JUSTICE NELSON