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Police v Paselio [2014] WSSC 97 (27 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Paselio [2014] WSSC 97

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

SOFENI TAUA’I PASELIO, male of Safotu and Vailele.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 27 January 2014

SENTENCE

1. This defendant has pleaded guilty to possession of 241 marijuana seeds. No doubt Sofeni you have heard the comments of the court in relation to drug offending in respect of the previous matters. Those comments apply equally to your case. The quantity of seeds found on you indicates that you are a cultivator of this drug. And also the presence of two bullets or cartridges in your car is somewhat concerning. But no charge has been brought in respect of those bullets and I therefore ignore that matter for the purposes of your drug sentencing.
2. The police summary of facts indicates that the seeds were found in your vehicle following your arrest at the wharf at Salelologa. There is no question that you were in possession of these seeds. I do not accept your statement to the probation office that they belonged to your wife. In relation to this matter you have heard the maximum penalty is 14 years in prison. In the circumstances of your matter an appropriate start point would however be 4 years in prison. You are entitled to deductions for your guilty plea and also for your good background and the fact that you have a clean police record and there are good character references attached to your pre-sentence report. In respect of this matter you will be convicted and sentenced on this charge to 2 years in prison with your remand in custody time to be deducted from that period.

JUSTICE NELSON