Two male accused Jerry Uelese 30 years of age and Silipa Mataio 22 years were lucky to receive a non custodial penalty yesterday on one count of possession of narcotics.
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The maximum penalty of such offence is not exceeding 14 years imprisonment.
The decision was delivered by the Chief Justice his Honour Patu Tiava’asu’e Falefatu Sapolu after considering all the mitigating factors regarding the offence.
The defendant were jointly with one count of possession of narcotics namely one marijuana joint.
Both defendants were convicted and sentenced to eight months probation and ordered to do 35 hours of community service.
According to the prosecution summary of facts, the offence took place on 17th March 2015 around 7pm.
Three police officers on patrol that evening at Mulinuu were stopped by a man in front of Origin Gas at Sogi who pointed out the two accused smoking marijuana on the seawall.
The two accused were approached by police and asked what they were doing.
They did not answer.
The officers searched the accused and found nothing on them, but other officers found a marijuana joint not far from where the two accused were sitting and they admitted that it belonged to them.
Chief Justice took into consideration some of the mitigating factors in favour of the two accused; their early guilty plea and they are first offenders.
Jerry Uelese is married with one son and is the sole provider of his young family.
He told the probation officer that he started consuming marijuana over a year ago and it helps him relax after a hard work of the day.
The second named defendant Silipa Mataio worked on a family’s plantation said he started consuming marijuana in 2014 and it made him happy.
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