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Police v Asomua [2016] WSADC 12 (29 November 2016)

IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Asomua [2016] WSADC 12


Case name:
Police v Asomua


Citation:
[2016] WSADC 12


Decision date:
29 November 2016


Parties:
POLICE (Informant) and FAAMANU JOE ASOMUA, male of Faleatiu (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 Faamanu Asomua is convicted and sentenced to 6 months supervision with the following special conditions:
a) To attend at least 6 AA meetings;
b) To continue attending church at Faatoia EFKS;
c) Not to return to Faleatiu;
d) Not to consume alcohol or other drugs;
e) Any other as directed by Probation Services.


Representation:
F Lagaaia for Prosecution
I Sapolu for Participant


Catchwords:
Possession – narcotics – accepted into ADC


Words and phrases:
Completed Phases 1 & 2 of treatment programmes


Legislation cited:
Narcotics Act 1967 ss.6(b);7;18


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:


FAAMANU JOE ASOMUA male of Faleatiu.
Participant


Counsel:
F Lagaaia for Prosecution
I Sapolu for Participant


Sentencing: 29 November 2016


SENTENCING DECISION OF TUATAGALOA J

The Participant

  1. The participant, Faamanu Asomua a 39 year old male of Faleatiu appeared before the Supreme Court on 6 June 2016 and pleaded guilty to the charge of possession of marijuana seeds, contrary to s.6(b) and possession of marijuana branch contrary to ss 7 & 18 of the Narcotics Act 1967. Each charge carries a maximum penalty of 14 years imprisonment.
  2. The participant pleaded guilty, was given a sentencing indication of 6-7 months imprisonment (being less than 3 years). Faamanu was screened and scored 18 on the AUDIT which scale is a score of 12 or more indicates a significant drinking problem. He also scored 4 on the Severity Dependence Scale (SDS) for cannabis use of which a score of 3 or more suggests dependence. The ADC clinician found that the participant has a drinking and cannabis use problem.
  3. Faamanu appeared in the Alcohol and Drugs Court on 18 July 2016 and following a determination hearing was accepted to do or complete the Intensive Outpatient Programme through the Alcohol and Drugs Court.

Bail Conditions:

  1. To undergo treatment programs a participant is not to be held in custody as he/she needs to attend the treatment programs. Bail conditions are imposed by the court which the participant must comply with.
  2. One of the bail conditions imposed is for the participant to reside elsewhere away from the village of Faleatiu where he was residing at the time of the offending. The reason is that the charges are of marijuana and the village of Faleatiu is one of the villages that well known for growing and usage of marijuana.

The Treatment Programs:

  1. The treatment programs through the ADC consist of two phases. Phase 1 called ‘Toe Afua se Taeao’ is for 6 weeks and Phase 2 is for 12 weeks. The court can add more weeks to each phase on recommendation of the treatment team. The participant upon completion of both treatment programs is then sentenced by the court.

Phase 1 (6 weeks): Toe Afua se Taeao

  1. Faamanu started his treatments on 20 July 2016 with Phase 1 (6 weeks) programs and completed on 24 August 2016 without any major lapses or breach. He was acknowledged in court at the completion of 6 weeks program. His bail conditions were then varied to only sign in once a week.

Phase 2 (12 weeks): Intensive Monitoring

  1. Faamanu started on Phase 2 treatments of 12 weeks on 31 August 2016 and completed on 25 November 2016. The participant never lapsed or breached throughout the intensive 12 weeks treatment.
  2. Faamanu was formally acknowledged in court on 29 November 2016 for full completion of the Intensive Outpatient Treatment program. He was also sentenced on this day.

Sentencing

  1. The aim of the ADC is to reduce the risk of offending by ensuring that those with a serious alcohol or drugs problem are required to undertake appropriate rehabilitative programs under the strict supervision of the ADC, thereby reducing their risk of reoffending.
  2. ADC is a therapeutic court. Therefore, a custodial sentence after having undergone treatment is not conducive to the aims and purpose of ADC.
  3. The obvious sentence for the court to impose is non-custodial term of supervision. The only issue is the length of the supervision term and what (if any) special conditions to be imposed. in passing sentence.
  4. In sentencing the court considers the following:
    1. Behavioral and treatment issues - Faamanu never missed any of his treatment programs. The treatment team acknowledged his participation in the treatment programs saying that his attitude has been consistent with his commitment to complete his ADC treatment. The team is confident that Faamanu has developed good insight of alcohol and marijuana use and that he will maintain the positive changes he has made to his lifestyle.
    2. Compliance by the participant to bail conditions and to the treatment programs – Faamanu did not breach any of his bail conditions. He has completed 58 hours of community service (more than 50 hours of his bail conditions).
    1. Abstinence from alcohol – Faamanu’s personal sobriety is 7 months (when charged) and his court sobriety (when accepted) is 4 months and 3 weeks.
    1. Physical and behavioral changes noticed throughout the participant’s journey in ADC.
  5. The participant Faamanu Asomua is convicted and sentenced to 6 months supervision with the following special conditions:
    1. To attend at least 6 AA meetings;
    2. To continue attending church at Faatoia EFKS;
    1. Not to return to Faleatiu;
    1. Not to consume alcohol or other drugs;
    2. Any other as directed by Probation Services.

JUSTICE TUATAGALOA


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