IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

FENIKA IELOME male of Vaiala and Faleula.
Defendant

Counsel: R.Titi and P. Valoia for prosecution 
Defendant unrepresented 

Decision: 02 December 2010 

SENTENCE

In this case Fenika appears for sentence for possession of one cigarette which was found on him by police when he was searched in relation to a different matter. The defendant told the police that the cigarette belongs to a friend of his, but for the purposes of this offence that makes no difference Fenika because it was found on you not on your friend. 

I am sure you have heard from the comments I made in relation to the cases called earlier about the seriousness of drug offending and how it is a problem in this community and how even this one cigarette can lead you to 14 years in jail. That should show you how severe the law is with the penalties for this sort of offending. So you should not think Fenika touching marijuana is a minor thing. And you are still young you do not want to start out your adult life by serving a term of imprisonment at Tafaigata. 

I do not propose to impose a penalty of imprisonment on you today Fenika, because you were found in possession of one cigarette only and because you are a first offender and you pleaded guilty. But if you touch marijuana again and you come before the court even if its for one cigarette or half a cigarette or a quarter of a cigarette Fenika, be prepared to go to jail. Ua e malamalama lelei i le tulaga lea Fenika (defendant indicated he understood). In respect of this matter a fine will be imposed on the defendant, you will be convicted and fined $100.00 to be paid by 12.00 noon Monday 6th of December in default 14 days imprisonment.

JUSTICE NELSON