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Police v Peters [2010] WSSC 104 (9 September 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

SPARKY PETERS,
male of Vailoa
Defendant

Presiding Judge: Justice Slicer

Counsel: Ms. F Vaai for the prosecution
Mr. A Roma for the defendant

Sentencing: 9 September, 2010

Charge: Possession of Narcotics

SENTENCE

1. Sparky Peters has pleaded guilty to the crime of Possession of Narcotics, contrary to the Narcotics Act 1967, sections 7 and 18.
   
2. On 1 August 2009, police went to his place of work and found 10 cigarettes of marijuana in his possession. The prosecution accepts that they were for his personal use.
   
3. The defendant was charged with the offence.
   
4. He entered a plea of not guilty but shortly before trial changed his plea to guilty. He is entitled to the benefit of his plea.
   
5. The offender has a previous conviction for possession of narcotics in 2002 and was sentenced to 6 weeks imprisonment.
   
6. The court is conscious of the need for consistency in sentencing but notes some change in the response to personal use of small quantities of marijuana over the last 2-3 years. In part that change reflects the statement by parliament in its enactment of the Community Justice Act 2008, which has as one of its principles;
   

"...the desirability of keeping offenders in the community so far as that is practicable and consistent with the safety of the community".

7. Sparky Peters is aged 32. He is married with 4 children aged between 10 years and 11 months. He and his wife are in employment and he has a stable job, which he has held for over 15 years. He earns a good income and has borrowed money to build a new fale. He is repaying that loan at a rate of $140 per week.
   
8. Immediate imprisonment would wreck the fabric of his family and harm the community at large.
   
9. The Narcotics Act 1967, section 18 permits the imposition of both a fine and imprisonment. The court is empowered to impose both a fine and an order for community work. That is the course which the court will take as both a punishment and a means of keeping a productive worker and a family provider within the community.
   

ORDERS

1. Sparky Peters is convicted of the crime of Possession of Narcotics.
   
2. Sparky Peters is fined the sum of $400 tala.
   
3. Sparky Peters is to undertake 50 hours of community work in accordance with the Community Justice Act 2008, section 19.
   
4. Sparky Peters is subject to a sentence of supervision for a period of 6 months in accordance with the Community Justice Act 2008, section 12. He is required to report to a probation officer within 24 hours.
   

(JUSTICE SLICER)