IN THE SUPREME COURT OF SAMOA
Police v Vaipaipa [2015] WSSC 214

Case name: 	Police v Vaipaipa	
		
Citation: 	[2015] WSSC 214	
		
Decision date: 	03 February 2015	
		
Parties: 	POLICE (Prosecution)
KELI AFERETI VAIPAIPA, male of Solosolo, Salailua and Tiavea. (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	For the charge of possession of these forty (40) branches convicted and sentenced to 18 months in prison.  Remand in custody time to be deducted.  	
		
Representation: 	O Tagaloa for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	KELI AFERETI VAIPAIPA, male of Solosolo, Salailua and Tiavea.
Defendant

Counsel:	O Tagaloa for prosecution
Defendant unrepresented

Sentence:	03 February 2015

SENTENCE
1.	Keli has pleaded guilty to one charge of possession of narcotics namely, forty (40) branches of marijuana.  The police summary of facts which he admits says he is a 32 year old married male of Solosolo with children, currently residing at Salailua Savaii.  
2.	On Saturday 06 December last year at Mulifanua Wharf the defendant was found in possession of the marijuana.  He told the probation office that he was on his way to Savaii to visit his father at Salailua.  And that he cultivates marijuana at his house at Solosolo and took forty (40) branches of it to Savaii.  He was surprised when waiting for the ferry when securities of the wharf detained him and police officers arrested him.  He also told the probation office that he has been consuming marijuana for many years.  And his intention of taking the marijuana to Savaii was for commercial purposes.  He also told the probation office he is remorseful of his involvement in this matter.  
3.	The difficulty with your case Keli is you admitted that the marijuana was for commercial purposes.  The court has stated many times that people who deal commercially in marijuana can expect only one sentence namely imprisonment.  Because the court is trying to stamp out this problem in our country.  A deterrent sentence is necessary to send a message to you personally and to others.  
4.	As you have heard the maximum for possession according to law is 14 years in prison.  However looking at all the circumstances of your case Keli, I start sentencing at 3 years in prison.  From that I will deduct 12 months for your guilty plea. That leaves a balance of 2 years.    You have a good pre-sentence report, you are a first offender, you are entitled to credit for that Keli, I deduct 6 months from the balance of your sentence leaves 18 months.  No other deductions can be made for your matter Keli.  
5.	For the charge of possession of these forty (40) branches convicted and sentenced to 18 months in prison.  Remand in custody time to be deducted.  

JUSTICE NELSON