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Police v Amosa [2014] WSSC 126 (7 April 2014)

IN THE SUPREME COURT OF SAMOA
Police v Amosa [2014] WSSC 126

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

IERU AMOSA, male of Satufia Satupaitea.
Defendant

Counsel: L Su’a-Mailo for prosecution
Defendant unrepresented

Sentence: 07 April 2014

SENTENCE

1. The defendant appears for sentence after he pleaded guilty to being in possession of 117 branches of marijuana. The police summary of facts states that he is a 36 year old male of Satupaitea and Lepa married with one child. He renders tautua to his family and has family responsibilities like any adult Samoan male.
2. On Monday 6^th of January, the defendant travelled to Savaii on the 8:00a.m ferry from Mulifanua carrying a plastic bag with the marijuana branches. The Savaii police received information about the defendant. They were told he had come to Savaii to sell the marijuana. They were also told he had boarded the Tara o Lucinda bus with the drugs. Police accordingly intercepted and stopped the bus. When the defendant saw the police he tried to hide the plastic bag. The police retrieved the plastic bag and inside they found the 117 branches of marijuana and some loose marijuana leaves.
3. The defendant tried to tell the court this morning that he did not know what he was carrying in the plastic bag and that the package was given to him by a person whose name he did not know to carry to Savaii. I indicated to the defendant that I could not believe that especially after viewing his cautioned statement where he says that he was carrying an afifi of marijuana together with an admission that he had given some of the marijuana to another man while waiting for the Tara o Lucinda bus. I also note the defendant has pleaded guilty to being in possession of these narcotics. All these facts indicate that the defendant was a courier of these drugs from Upolu to Savaii and that when he was intercepted by the police he was carrying the drugs.
4. The penalties for possession of narcotics as stated in previous sentences 14 years imprisonment maximum penalty. The courts policy in relation to those who are involved in the drug trade also applies to couriers of drugs. Those who do this kind of work can expect the same, no leniency from the court.
5. The prosecution have suggested that your case should receive a start point for sentence of 4 years imprisonment. I agree. From that start point you are entitled to certain deductions. The first is for your guilty plea which has saved the necessity of a trial. For that I will deduct one-quarter of your term namely a period of 1 year leaves a balance of 3 years. You are also entitled to a deduction for your good and clean record. That is contained in the probation office pre-sentence report and that includes the fact that this is your first court appearance. For your clean background I will deduct 6 months from your sentence leaves a balance of 2½ years.
6. Probation office report also refers to a fine that your family paid to your village of Satupaitea. The fine is substantial and while it was paid for you by your family it is clear that you would have had a part to play in the payment. I also accept that you are remorseful for what you did. For those factors I will deduct a further 12 months from your sentence leaves a period of 1½ years or 18 months.
7. In respect of this matter you will be convicted and sentenced to 18 months imprisonment.
   

JUSTICE NELSON