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Police v Pati [2016] WSSC 119 (15 June 2016)

SUPREME COURT OF SAMOA
Police v Pati [2016] WSSC 119

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

NUMIA FULI PATI aka TOFAOE FULI PATI male of Foailuga
Accused

Counsel:
O. Tagaloa for Prosecution
Accused in person

Sentence: 15 June 2016

S E N T E N C E

The charge

• The accused appears for sentence on one charge of knowingly being in possession of narcotiontrarntrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s18.
• He pleaded guilty to the charge on 16 May 2016.

The offending

• On 27 April 2016, the Police in Savaii were informed that the accused and his companion were transporting marijuana on the ferry from Mulifanua to Salelologa. When the ferry arrived at Salelologa, the Police apprehended the accused and his friend and took them to Tuasivi Police station. The accused and his companion were searched and the Police found 10 marijuana cigarettes inside the accused hand bag. The marijuana belonged to both the accused and his companion.

The accused

• The accused is a 36 year old male from Foailuga, Savaii. His parents divorced when he was very young and he was adopted and raised by an aunty who he calls his mother. He is single. He works on the family plantation and looks after his mother.
• His mother and brother told Probation that the accused is instrumental in developing their cocoa and coconut plantation and he is reliable and trustworthy. He is said to be responsible for looking after his mother as his siblings live elsewhere with their families.
• There are two testimonials from the pastor of the accused and his village mayor. Both say that the accused is a productive and helpful member of the church and village.
• He admits to consuming marijuana as he says it helps him with hard labour. He has been using marijuana for more than 4 years.
• The accused is a first offender.

Aggravating features of the offending

• The amount of marijuana found on the accused was not insignificant, being 10 marijuana cigarettes, although I note it was an amount shared between the accused and his companion.

Mitigating factors

• The accused has shown remorse to Probation and I take into account the testimonials for his pastor and village mayor.
• I take into account in mitigation that the accused paid a penalty to the village council of 5 boxes of tinned fish and 3 boxes of biscuits.
• I take into account his early guilty plea.

Discussion

• This Court has adopted a stern approach to narcotics offending. The sentencing policy is to impose imprisonment unless there are exceptional circumstances requiring a different treatment. (per Nelson J in Police v Siaosi)
• The high penalty which attaches to this type of offending is indicative of Parliament’s view.
• However, having considered the circumstances of this case including the quantity of marijuana found on the accused, I have decided to impose a non-custodial sentence for these reasons. The accused is responsible for their family’s plantation. He is looking after his mother. He has admitted that he has a problem with marijuana and has been consuming it for 4 years. He has been of previous good character apart from this offending. His sentence today will focus on his rehabilitation. There is a programme which he must attend and complete as part of his sentence and that is the 6 weeks programme for alcohol and drugs. His addiction has been lengthy and needs to be addressed.
• The court cautions the accused against further narcotics offending as these offences carry high penalties, and the next time the accused appears in Court for similar offences, he will put at risk his ability to continue to look after his mother.

Sentence

• The accused is convicted and sentenced to 12 months supervision pursuant to s.12 of the Community Justice Act 2008. Special conditions of his supervision are;
  1. he is to attend the 6 weeks programme for drugs and alcohol run by the Alcohol and Drugs Court through Probation;
  2. perform 100 hours of community work in Foailuga; and
  3. he is to stay away from consuming marijuana.
     

JUSTICE TUALA-WARREN