A 20-year-old student from Vailoa Palauli was yesterday jailed for four months for possessing marijuana.
Daniel Toluono, a nursing student at the National University of Samoa (N.U.S), was sentenced by the Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu.
According to the summary of facts, on 17 January 2015, a police officer in civilian clothes saw the accused selling marijuana at the Salelologa market.
The officer called in cops from Tuasivi who caught and searched him. They found 100 marijuana seeds on him.
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the Tuasivi Police station where he was interviewed. He admitted that the marijuana found on him was his.
Yesterday, Chief Justice Patu raised the possibility that Toluono could also be involved in cultivating marijuana.
He also said that if the prosecution had sufficient evidence then they would have charged the accused with cultivation.
“In the first place, if the prosecution had considered that there was sufficient evidence with which to charge the accused with cultivation of marijuana, then they should have charged the accused with cultivation,” he said.
“But that has not been done; it suggests that the prosecution does not have the necessary evidence to lay a charge of cultivation.
“Secondly there is nothing in the summary of facts admitted by the accused about cultivation of marijuana.”
The accused is a first offender.
Letters of support from his parents, his pastor and the pulenu’u of his village showed that the young man was a person of good character prior to his involvement with drugs.
The Court heard that he got into pot because of his friends. The Court was also informed that his family was heavily fined by the village council for the young man’s offense.
“I will deduct two months for previous good character; deduct four months for penalty imposed by the Alii and Faipule of the village of the accused, deduct three months for an early guilty plea,” Chief Justice Patu said.
“Also given the personal circumstances of the accused in particular the fact that he is studying at the National University towards a diploma in nursing I will show mercy on him and deduct another two months.
“That leaves four months. The accused is convicted and sentenced to four months imprisonment for each of the two charges against him both sentence to be count.
“During the time that you are in prison you have to request to the police officers to give you availability during the day to do your lectures at the NUS so that you don’t miss any of your lectures during your time in prison.”
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