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Police v Aukusitino [2014] WSSC 175 (29 September 2014)

IN THE SUPREME COURT OF SAMOA
Police v Aukusitino [2014] WSSC 175

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

FALENUU AUKUSITINO male of Leauvaa.
Defendant

Counsel:
O Tagaloa for prosecution
Defendant unrepresented

Sentence: 29 September 2014

SENTENCE

2. The defendant appears for sentence after pleading guilty to two counts of unlawful cultivation of marijuana. Charge 2286/14 is in relation to cultivation of 31 plants and S2338/14 in respect of possession of 29 marijuana seeds. The police summary of facts which the defendant admitted this morning says he is a 32 year old male of Leauvaa-uta and works as a planter.
3. On 26 July this year at about 9:00 in the morning the Police went to Leauvaa-uta to look for someone in relation to a criminal matter. They were told that person was the defendant’s uncle so they went to the defendant’s house. They parked outside the defendant’s property and walked towards his houses. There are a number of houses and faleo’o on the defendants property. When the defendant saw the police approaching he tried to throw away cans which had marijuana plants growing in them. When the police saw this they questioned him and he told them they were his plants. As a result the police conducted a search of the entire property. In total they found 31 marijuana plants of different sizes and inside one of the faleapas they found 29 marijuana seeds. The defendant was accordingly arrested and charged and has pleaded guilty to possession of these illegal narcotics.
4. It is clear from the quantity of marijuana found on the defendant’s property plus the fact that he was in possession of marijuana seeds that he grows marijuana. As such he is a contributor to the growing drug problem in our country. The court has stated on many occasions that drug growers and dealers will receive particular attention in order to try and deter such people from growing and dealing in marijuana and to try and discourage people from being involved in marijuana. It is therefore not possible to give the defendant the “avanoa” that he is seeking from the court because that would be against the policy of the court.
5. The maximum penalty for possession of marijuana is 14 years imprisonment. That is also the maximum penalty for possession of marijuana seeds. I agree with the prosecution that considering the circumstances of your case an appropriate start point for sentence is 4 years in prison.
6. But from that there should be deductions you are entitled to. Firstly, a one-quarter deduction Falenuu for your guilty plea which has saved the courts time that is a period of 12 months; that reduces the sentence to 3 years in prison. You have a good pre-sentence report as to your background; you have a clean criminal record; this is your first appearance before the court. I will deduct 6 months for those factors leaves a balance of 30 months in prison. There are no other deductions I can make to your sentence Falenuu.
7. On the charge of cultivation of marijuana plants you are convicted and sentenced to 30 months in prison. On the charge of possession of the marijuana seeds namely 29 seeds convicted and sentenced to 12 months in prison concurrent term. Ae e tatau ona toesea mai le 30 masina na le taimi lea sa e nofo taofia ai e faatalitali le faiuuga o le mataupu lenei. Ia faafetai ua maea.
   

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JUSTICE NELSON