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Police v Amate [2000] WSSC 9 (25 May 2000)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

MALAKI AMATE
(m) of Falelatai
Defendant

Counsel: Mrs Teresa P. Vaai for the Prosecution
Defendant in-person

Sentencing Date: 25 May 2000

SENTENCING REMARKS OF WILSON J.

Malaki Amate of Falelatai, you are aged 21 years. You are a single man and you are serving a sentence of imprisonment. You are not represented by a lawyer. You stand convicted of possessing narcotics.

On the date of your offence you were riding a motorcycle very fast (you were “on the run” - escaping from custody) and you had an accident in which you were seriously injured. You were found to have in your possession a small quantity of marijuana some of which you had been smoking. You had apparently purchased that marijuana earlier. The fact that you had been using that drug no doubt contributed to the accident.

You are not entitled to the leniency a first offender or person of previous good character might expect to receive. You have numerous previous convictions including convictions for escaping from custody and for crimes of dishonesty, including the serious crimes of burglary and robbery.

You are entitled to some leniency for having pleaded guilty.

I have read the pre-sentence report prepared by the Probation Service. You have read that report. I have listened to what you had to say to me. You say you are remorseful and sorry and ashamed for what you did.

As you would understand, you give me no alternative but to extend your term of imprisonment. The sentence of the Court is that you be imprisoned for 2 months, such sentence to commence of the expiration of the sentence you are currently serving.

JUSTICE WILSON