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Police v Tuisavili [2024] WSSC 84 (12 June 2024)

IN THE SUPREME COURT OF SAMOA
Police v Tuisavili [2024] WSSC 84 (12 June 2024)


Case name:
Police v Tuisavili


Citation:


Decision date:
12 June 2024


Parties:
POLICE (Informant) v TUISAVILI TUISAVILI, male of Mauga & Samalaeulu (Defendant)


Hearing date(s):



File number(s):



Jurisdiction:
Supreme Court of Samoa, Mulinuu


Place of delivery:
Supreme Court of Samoa, Mulinuu


Judge(s):
Senior Justice Nelson


On appeal from:


Order:
Considering the quantity that was found in your possession, an appropriate start point for penalty is five (5) years in prison. From that start point you are entitled to certain deductions for mitigating factors in your favour. The first being for your good record and background of service as testified to by the pre-sentence report and references attached thereto. The normal deduction of 6 months will apply for those.

Second deduction is for village penalty as confirmed by Tevaga Kalolo the sa’o of your aiga in Samalaeulu. For that you will also receive a further deduction of 6 months. Leaves a 4 year balance.

Last deduction Tuisavili is for your guilty plea because that has saved the courts precious time and resources. The usual deduction of one-quarter of balance of sentence namely one (1) year will apply, leaves 3 years in prison.

On the charge of cultivation and possession of seeds convicted and sentenced to 3 years in prison.

Possession of the eighteen (18) marijuana cigarettes - 9 months concurrent term.

Possession of unlicensed shotgun - 12 months concurrent term.

Possession of the five (5) 12-gauge shells - 3 months concurrent term.

Possession of the eighteen (16) big bore shells - it is a disturbing feature of this offending that there was a weapon larger than the shotgun but it was not discovered by the Police search. But I bear in mind the charge relates to ammunitions only. For that charge 18 months in prison concurrent term.


Representation:
J. Leung-Wai for Prosecution
Defendant unrepresented


Catchwords:
Narcotics – custodial sentence.


Words and phrases:
“Possession of marijuana cigarettes” – “cultivating marijuana” – “possession of marijuana seeds” – “possession of an unlicensed 12 gauge shotgun” – “possession of unlicensed 12 gauge ammunitions” – “possession of bigbore caliber ammunitions without proper license”.


Legislation cited:


Cases cited:
Police v Mati [2015] WSSC 41.


Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU


BETWEEN:


P O L I C E


Informant


A N D:


TUISAVILI TUISAVILI, male of Mauga and Samalaeulu.


Defendant


Counsel: J. Leung-Wai for prosecution
Defendant unrepresented


Sentence: 12 June 2024


SENTENCE

  1. The defendant has pleaded guilty to six (6) charges. The first one is that at Mauga on 16 February 2024 he had in his possession eighteen (18) marijuana cigarettes securely wrapped in rolling paper. Second is that same place same date he was cultivating 208 marijuana plants. Thirdly again at Mauga on 16th February he had in his possession one thousand and twenty-seven (1,027) marijuana seeds. Fourthly that he also had in his possession an unlicensed 12-gauge shotgun. Fifthly that he also had in his possession five (5) unlicensed 12-gauge ammunitions. And lastly that he had in his possession eighteen (18) bigbore caliber ammunitions also without a proper license.
  2. The nature of the charges and the defendants plea indicates that he is in the least a cultivator of marijuana. A person who was referred to in Police v Mati [2015] WSSC 41 “at the root of the marijuana problem in this country.” He is possibly a distributor as well and for sure he is involved in growing marijuana for commercial purposes considering the quantity of marijuana discovered on him and on his property.
  3. The courts must continue to send a loud and clear message to those who cultivate and seek to make money out of growing marijuana that there is only one penalty, a penalty of imprisonment. There are no second chances for this kind offending. That is the approach of the court in the past and will continue to be the approach of the court for the future.
  4. Because marijuana is an illegal narcotic, it is not harmless and in the words of the song “it has been the ruin for many a poor boy”. The only real question for me Tuisavili is how long is appropriate for your case?
  5. The Police summary of facts accepted by the defendant reveals that acting on information the Police conducted a raid of his property and found in his house the marijuana cigarettes, seeds and the shotgun and the ammunitions. Behind the house is the defendants marijuana plantation.
  6. Narcotics and weapons of course are brother and sister and the two often hang out together. Again I refer to Police v Mati where it was said the pistol in that case was “intended for the protection of the defendants marijuana plantation”.
  7. The maximum penalty for possession and cultivation of marijuana is 14 years in prison. That is an indication of Parliaments concern over the prevalence of marijuana in our community. I deal with the offence of cultivation and possession of marijuana seeds together as they plainly show you to be a grower of this illicit narcotic.
  8. Considering the quantity that was found in your possession, an appropriate start point for penalty is five (5) years in prison. From that start point you are entitled to certain deductions for mitigating factors in your favour. The first being for your good record and background of service as testified to by the pre-sentence report and references attached thereto. The normal deduction of 6 months will apply for those.
  9. Second deduction is for village penalty as confirmed by Tevaga Kalolo the sa’o of your aiga in Samalaeulu. For that you will also receive a further deduction of 6 months. Leaves a 4 year balance.
  10. Last deduction Tuisavili is for your guilty plea because that has saved the courts precious time and resources. The usual deduction of one-quarter of balance of sentence namely one (1) year will apply, leaves 3 years in prison.
  11. On the charge of cultivation and possession of seeds convicted and sentenced to 3 years in prison.
  12. Possession of the eighteen (18) marijuana cigarettes - 9 months concurrent term.
  13. Possession of unlicensed shotgun - 12 months concurrent term.
  14. Possession of the five (5) 12-gauge shells - 3 months concurrent term.
  15. Possession of the eighteen (16) big bore shells - it is a disturbing feature of this offending that there was a weapon larger than the shotgun but it was not discovered by the Police search. But I bear in mind the charge relates to ammunitions only. For that charge 18 months in prison concurrent term.
  16. O fa’asalaga uma nei o lau mataupu Tuisavili e tuli fa’atasi. O lona uiga o le aofaiga o lou fa’asalaga e 3 tausaga e te nofosala ai i le falepuipui. A’o le taimi lea sa e nofo taofia ai e fa’atalitali le mataupu e tatau ona toese mai le fa’asalaga lena.

SENIOR JUSTICE NELSON


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