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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:
Police v Ale


Citation:
[2016] WSADC 11


Decision date:
29 November 2016


Parties:
POLICE (Informant) and SIONA ALE male of Leauvaa and Fagalii-Uta (Participant)


Hearing date(s):



File number(s):



Jurisdiction:
CRIMINAL


Place of delivery:
Alcohol and Drugs Court of Samoa, Mulinuu


Judge(s):
Justice Mata Keli Tuatagaloa


On appeal from:



Order:
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.


Representation:
F Lagaaia for Prosecution
V Schuster for Participant


Catchwords:
Convicted of attempted burglary – accepted into ADC – re-offended – exited from program


Words and phrases:
Failure to comply with treatment programs


Legislation cited:
Crimes Act 2013 ss.34; 174


Cases cited:



Summary of decision:

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

  1. 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.
  2. The defendant was given a sentencing indication of 10 months suspended sentence.
  3. 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).
  4. 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.
  5. A defendant when accepted in to the Alcohol and Drugs Court is referred to as a ‘participant’.

The Participant before the Court

  1. 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.
  2. 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.
  3. The participant failed to appear to any of his treatment sessions nor complied with his bail conditions.
  4. This participant has now only surfaced because he has reoffended.

Exit

  1. 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.
  2. The participant, Siona Ale is exited from ADC on Tuesday, 29 June 2016 and referred to the Supreme Court criminal jurisdiction to be sentenced.
  3. 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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