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[2016] WSADC 11
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Police v Ale [2016] WSADC 11 (29 November 2016)
ALCOHOL AND DRUGS COURT OF SAMOA
Police v Ale
[2016] WSADC 11
Case name:
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Police v Ale
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Citation:
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[2016] WSADC 11
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Decision date:
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29 November 2016
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Parties:
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POLICE (Informant) and SIONA ALE male of Leauvaa and
Fagalii-Uta (Participant)
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Hearing date(s):
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File number(s):
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Jurisdiction:
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CRIMINAL
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Place of delivery:
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Alcohol and Drugs Court of Samoa, Mulinuu
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Judge(s):
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Justice Mata Keli Tuatagaloa
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On appeal from:
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Order:
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The participant, Siona Ale is exited from ADC on Tuesday, 29 June 2016
and referred to the Supreme Court criminal jurisdiction to
be
sentenced. The Alcohol and Drugs Court recommends for a short
imprisonment term to be followed with a supervision term with a condition to
attend
the 6 weeks alcohol/drugs educational program.
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Representation:
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F Lagaaia for Prosecution V Schuster for Participant
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Catchwords:
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Convicted of attempted burglary – accepted into ADC –
re-offended – exited from program
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Words and phrases:
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Failure to comply with treatment programs
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Legislation cited:
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Cases cited:
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Summary of decision:
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IN THE ALCOHOL AND DRUGS COURT OF SAMOA
HELD AT MULINUU
BETWEEN:
P O L I C E
Prosecution
A N D:
SIONA ALE male of
Leauvaa/Fagalii-uta
Participant
Counsel:
F Lagaaia for Prosecution
V Schuster for Participant
Decision: 29 November 2016
DECISION OF TUATAGALOA J EXITING PARTICIPANT
The Participant
- The
defendant Siona Ale a 24 year old male of Leauvaa & Fagalii-uta is charged
with attempted burglary contrary to s.34 and s.
174 of the Crimes Act 2013. The
defendant committed the offending while under the influence of alcohol.
- The
defendant was given a sentencing indication of 10 months suspended
sentence.
- The
defendant was screened and scored 22 on the AUDIT which scale is a score of more
than 12 indicates a significant drinking problem
and was further referred for
assessment. According to the assessment by the ADC clinician, the defendant
Siona Ale meets the DSM-5
criteria for alcohol dependence because of his
recurrent use of alcohol in a 12 month period and the defendant be referred was
recommended
to complete the Intensive Outpatient Program through the Alcohol and
Drugs Court (ADC).
- The
defendant was accepted in to the Alcohol and Drugs Court following a
determination hearing in the Alcohol and Drugs Court on 7
June 2016.
- A
defendant when accepted in to the Alcohol and Drugs Court is referred to as a
‘participant’.
The Participant before the Court
- Siona
Ale was to start the treatment programs on Wednesday, 8 June 2016. The treatment
programs consist of two phases – Phase
1 (Toe Afua se Taeao) is 6 weeks
and Phase 2 is for 12 weeks of intensive monitoring.
- However,
Siona only attended the first treatment session. He also did not appear when his
matter was for first monitoring in court
on 21 June 2016 and the court issued a
warrant of arrest.
- The
participant failed to appear to any of his treatment sessions nor complied with
his bail conditions.
- This
participant has now only surfaced because he has
reoffended.
Exit
- In
light of this participant’s failure to comply with his treatment programs,
bail conditions and court appointments, I am of
the view that this
participant’s attitude and behavior is an indication of how he perceives
the programs and role of ADC and
therefore would make his participation in the
treatment programs untenable. A participant in ADC has to want to undergo the
treatment
programs offered by ADC but not see it as an easy way out from getting
an imprisonment term.
- The
participant, Siona Ale is exited from ADC on Tuesday, 29 June 2016 and referred
to the Supreme Court criminal jurisdiction to
be sentenced.
- The
Alcohol and Drugs Court recommends for a short imprisonment term to be followed
with a supervision term with a condition to attend
the 6 weeks alcohol/drugs
educational program.
JUSTICE TUATAGALOA
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