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Police v McCarthy [2014] WSSC 94 (22 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v McCarthy [2014] WSSC 94

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

SOLOMONA MCCARTHY, male of Talimatau and Aleisa.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 22 January 2014

SENTENCE

1. This defendant has pleaded guilty to possession of 25 marijuana cigarettes and one branch of dried marijuana leaves. He is 49 years of age from Aleisa married with 7 children. The facts of this matter as outlined in the police summary of facts accepted by the defendant is that the narcotics were discovered by the police following a search of his house at Aleisa.
2. This is not the defendants first narcotics offence. He has three previous convictions for possession. All of which involved serving jail terms. That record and the circumstances of this matter make it clear that the defendant grows and sells marijuana for a living. He is a drug dealer. This court has said many times that you involve yourself in drugs you can end up in prison. If you grow and sell drugs you will definitely end up in prison.
3. The maximum penalty for possession is now 14 years in prison. That is double what the penalty was when Solomona first started appearing before the court on this sort of offending. That means Solomona that in future penalties will become much heavier. I suggest you think about that and find another way to make a living and to support your family.
4. Considering the circumstances of this matter and the quantity involved an appropriate start point for sentence is 3 years in prison. That must be upgraded by one year to 4 years to reflect your bad record of previous narcotics offending. You are entitled to a deduction Solomona for your guilty plea I will deduct one-quarter of that a period of one year leaves a balance of 3 years. There are no other factors that you are entitled to deductions for Solomona you will be convicted and sentenced on this charge to 3 years in prison. Your remand in custody time awaiting sentence however is to be deducted from that.

JUSTICE NELSON