IN THE SUPREME COURT OF SAMOA
Police v Eti [2015] WSSC 221

Case name: 	Police v Eti	
		
Citation: 	[2015] WSSC 221	
		
Decision date: 	 21 December 2015	
		
Parties: 	POLICE (Prosecution)
JOHN TUTUILA ETI male of Satapuala. (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 	S605/15, S607/15	
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:		
		
Representation: 	F Ioane and Mr Tumua 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:

	JOHN TUTUILA ETI male of Satapuala.
Defendant

Counsel:	F Ioane and Mr Tumua for prosecution
Defendant unrepresented

Sentence:	21 December 2015

SENTENCE
1.	The defendant was after a trial found guilty of two charges.  Firstly possession of one branch of marijuana and secondly possession of eighteen (18) marijuana seeds.  The marijuana and seeds were inside shorts found next to where the defendant was sleeping.  The police evidence at trial was that the defendant admitted to them the shorts were his.  This was found in the course of a police raid of the family property where other marijuana plants belonging to the defendants brother were found.  
2.	There is no future in being involved in marijuana Ioane. The only result is prison.  Your possession of seeds indicates you are involved in cultivating the plants or you are involved in selling them to people who cultivate it.  Whatever the case may be a prison sentence is required in accordance with the policy of the court.  The message to people involved in growing and distributing marijuana is if you do it you will likely go to jail.  But I take into consideration it was only eighteen (18) seeds so the period will be tailored to the offending.  A short period of imprisonment is appropriate but next time whether it is one seed or a hundred seeds you will find it is a much greater penalty Ioane.  Ua e malamalama Ioane? (Defendant said yes).
3.	Mo le moliaga lea e aofia ai fatu mariuana e 18 o se taimi talafeagai e te nofo sala ai e 6 masina.  A’o lea o le a fa’apaū i le 3 masina ona o lea e aumai le lipoti mai le Ofisa Fa’anofo Va’ava’aia e lelei le latou lipoti, ma o lea fa’atoa aumai oe i luma o le tulafono.  O lea foi ua fetaui lea fa’aiuga ma le talosaga a lou tina lea na tu’u mai nei le taeao.  E 3 masina lou fa’asalaga mo fatu ia e 18.
4.	Mo le lālā mariuana e tasi e 14 aso le taimi e te nofo sala ai i le falepuipui ae tuli fa’atasi ma le 3 masina. E poloai foi e le Fa’amasinoga le taimi lea sa e nofo taofia ai e fa’atalitali le fa’aiuga o le mataupu lenei e tatau ona toesea mai le 3 masina lea ua e nofo sala ai.  Ua e malamalama i le fa’aiuga o lau mataupu? (Defendant said yes).  

JUSTICE NELSON