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Police v Seuga [2014] WSSC 143 (16 June 2014)

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

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TOILOTO SEUGA, male of Savalalo.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 16 June 2014

SENTENCE

1. The defendant appears for sentence on a charge of possession of marijuana namely eighteen (18) small packets of dried leaves. The police summary of facts which he has accepted this morning says that he is a 50 year old male of Savalalo married and was employed as a nightclub security.
2. On the 19^th of March this year at about 3:30 pm the police received urgent information that marijuana was being sold from the defendants house at Savalalo. They responded and conducted a search of the house. While they were conducting their search the defendant who was sitting at a table pulled out a plastic bag from below the table and placed it on the table. Inside the plastic bag were 18 small plastic packets of marijuana and $20 in cash. The police accordingly arrested the defendant and charged him with possession of these marijuana. A charge to which the defendant has pleaded guilty.
3. The defendant is no stranger to the court house he has previous convictions including one for possession of marijuana in 1995. No doubt the court at that time explained matters to him. But for your information this is now the courts policy in relation to marijuana sentencing. That you involve yourself in drugs such as marijuana it is a pathway to prison. You involve yourself in the sale or commercial dealing of marijuana you are guaranteed you will follow that pathway. The fact that the marijuana in this case were in small plastic packets indicates that the defendant was dealing commercial in the marijuana. There is only one penalty available to those who deal commercially in marijuana. The defendant should find other ways to support his family and leave marijuana alone.
4. The maximum penalty now for possession of marijuana is 14 years in prison. It was increased from 7 to 14 years by our Parliament last year because of the drug problem in this country. People who sell marijuana are at the heart of that problem. This is why the penalty is almost guaranteed imprisonment. For your matter I will start sentence at 5 years in prison.
5. But from that Toiloto you are entitled to certain deductions which I will now make on your behalf. For your guilty plea a one-quarter of penalty deduction that is a period of 15 months leaves a balance of 45 months.
6. You have a good probation pre-sentence report it speaks of your tautua to your family. You have stayed out of trouble for almost 20 years because your last court appearance was in 1995. For those matters I will give you the full deduction of 6 months from that balance of penalty leaves 39 months. I see that you have been in custody awaiting sentence on this matter I will deduct 3 months from the remaining balance as representing your time in custody.
7. The end result for this charge of possession of the 18 packets of marijuana you will be convicted and sentenced to prison for 3 years. Remanded in custody time to be deducted.
   

JUSTICE NELSON