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Police v Pe'a [1999] WSSC 7 (12 July 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

TALOAINA OTEAMOA PE’A
of Siumu
Defendant

Counsel: Miss Hazelman for Prosecution
Mr Toailoa for the Defendant

Hearing Date: 12 July 1999

SENTENCING REMARKS OF WILSON J.

Taloaina Oteamoa Pe’a, you are a 22 year old Samoan man. You are a first offender. You are married with a wife and two small children.

You have pleaded guilty to the crime known as cultivating prohibited plants, and you now stand convicted of that crime.

On 22 February 1999 you were found to have in your possession a pot in which 15 small seedlings (each about 5 cms in height) were growing. They were being cultivated by you.

Had this cultivation been a commercial enterprise with a motive of profit, you could have expected to have received stern punishment and to have been sentenced to many months of imprisonment.

But I accept that this cultivation of seedlings, which were in a very early stage of development, was for your own use and there was no aggravating circumstance known as “the commercial aspect”.

Nevertheless, this was a serious crime that you committed and the number of seedlings was moderate (15 in all) .

A number of factors operate in your favour and permit me to be lenient towards you (and show mercy towards you).

I refer to:-

1. Your youthfulness - you are a relatively young man.
2. You are a first offender.
3. You pleaded guilty and have shown other signs of remorse.

4. You are the sole breadwinner for your young family.

5. You have had a good work record for one who has not had the benefit of much education.
6. You have already received, at the hands of the Village Council of Siumu, severe punishment in the form of banishment.
   

You have the means to pay a fine, if given time to pay.

The sentence of the Court is that you be fined the sum of $1,500.00 in default 30 days imprisonment. I allow three weeks to pay that fine.

JUSTICE WILSON