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Police v Tapusini [2016] WSADC 15 (25 October 2016)

IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Tapusini [2016] WSADC 15

IN THE ALCOHOL AND DRUGS COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

A N D:

LEO TAPUSINI male of Fagalii
Participant

Counsel:
F Masei for Prosecution
P Toma for Participant

Sentencing: 25 October 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Leo Tapusini is charged with burglary under s. 174 of the Crimes Act 2013 with a penalty of maximum 10 years imprisonment. He pleaded guilty when his matter was first mentioned in the Supreme Court and had committed the offence while under the influence of alcohol. Leo is a first offender. He was given a sentencing indication of 9 months suspended sentence.
2. Leo was screened and assessed to have a severe level of alcohol use disorder which AUDIT is any score of 12 or more indicates a significant drinking problem. Leo scored 29.

Phase 1 – Toe Afua Se Taeao

3. Leo was accepted in ADC on 31 May 2016 and started with the six week psycho-education program (Toe Afua Se Taeao) on 01 June 2016.
4. He completed the six week program on 20 July 2016.

Phase 2 – 12 week intensive

5. He started the 12 weeks intensive programs on 28 July 2016 and completed on 13 October 2016.
6. There were no treatment issues – Leo attended and complied to all his treatment programs. The only minor issue was in relation to reporting to his CJS which was not deliberate on his part and the treatment team was able to sort out the issue with his then CJS. It was more a miscommunication with the CJS rather than anything else.

Relationships

7. Leo has a strained and difficult relationship with his father who seemed to still treat him as a child rather than as an adult. Leo used silence instead of talking therefore does not respond back to the father instead he goes and drinks.
8. His father in one of the reports by the team told the team that he liked the changes in Leo. He is able to have a discussion with Leo with Leo responding back to him. In a way Leo has stood up to his father. His father now treats him more like an adult and he even complimented him on the changes in him.

Personal

9. Leo is 39 years’ old and married. His wife lives in Savaii most of the time to look after her elderly mother. Leo lives by himself with his uncle on the same compound at his own house.
10. Leo like one of the participants Moe, also aims to hold a position in their church.
11. Leo has managed to avoid alcohol in the last six months. He told the team that sometime his uncles and friends come to his house and ask him to drink with them but he was able to say ‘no’ or resist them. A sign that Leo has learnt from the programs and that his time in the programs was not a waste. There is a Samoan saying “Sili le na te pulea lona loto, lo’o lē na te aea le olo.”
12. Leo only you know the changes in you from doing the programs in ADC and if those changes in you are good then only you can maintain those changes with what you learnt from the programs in ADC.

Sentence

13. Leo’s personal sobriety is 6 months and court sobriety is 5 months. Leo has completed 31 hours of 50 hours he should do of community service.
14. Leo has full compliance to his treatment programs and bail conditions.
15. Leo you are convicted and sentenced to the least supervision term of 6 months with the following conditions:
    1. Complete 4 sessions with Relapse Prevention Group (ADC);
    2. Attend AA meetings fortnightly or monthly;
    100. To do 20 hours’ community service; and
    4. No alcohol or drugs.
       

JUSTICE TUATAGALOA