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Police v Selasa [2016] WSADC 7 (21 June 2016)

ALCOHOL AND DRUGS COURT OF SAMOA
Police v Selasa [2016] WSADC 7


Case name:
Police v Selasa


Citation:
[2016] WSADC 7


Decision date:
21 June 2016


Parties:
POLICE v TALAGATA SELASA, male of Toamua and Moamoa-tai (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:


Representation:
F Ioane for Prosecution
P Toma for Participant


Catchwords:
Caused bodily harm – exited from ADC program – breached bail conditions – non- attendance an issue – completed Phase 1 (six weeks) – lapsed in Phase 2 (12 week intensive treatment program) – custodial sentence recommended – 18 months imprisonment sentencing indication


Words and phrases:
Assessed by Alcohol and Drug Court Clinician – deemed suitable and accepted into ADC Program – was given second chance


Legislation cited:
Crimes Act 2013 section 119(1)


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:


TALAGATA SELASA male of Toamua & Moamoa-tai.
Participant


Counsel:
F Ioane for Prosecution
P Toma for Participant


Decision: 21 June 2016


DECISION OF TUATAGALOA J EXITING PARTICIPANT

The Participant

  1. The defendant Talagata Selasa a 21 year old male of Toamua & Moamoa-tai appeared before the Supreme Court on 22 February 2016 and pleaded guilty to the charge against him of, with intent to cause actual bodily harm wounded the victim, contrary to s.119 (1) of the Act, which carries a maximum penalty of 7 years imprisonment.
  2. The defendant was given a sentencing indication of 18 months imprisonment.
  3. According to the assessment by the Alcohol and Drugs Court (ADC) clinician, the defendant Talagata Selasa meets the DSM-5 criteria for alcohol dependence because of his recurrent use of alcohol in a 12 month period. It is recommended that the defendant be referred to complete the Intensive Outpatient Program through the ADC.
  4. The defendant was remanded to the ADC for a determination hearing at 2pm on Tuesday 8 March 2016.
  5. The defendant was accepted following a determination hearing in the Alcohol and Drugs Court on 16 February 2016
  6. A defendant when accepted in to the Alcohol and Drugs Court is referred to as a ‘participant’.

The Participant before the Court

  1. Talagata Selasa started with Phase 1 (6 weeks) programs of treatment on 9 March 2016. He breached his bail conditions in his 3rd week and the court sanctioned him by adding a curfew to his bail conditions and given another opportunity. During this time the court was also made aware of other charges against this participant in the District Courts which were said to have been committed subsequent to the charges before the Supreme Court. Talagata completed Phase 1 (6 weeks) programs on 18 April 2016.
  2. Talagata started on Phase 2 (12 weeks) which is the intensive treatment programs on Wednesday, 20 April 2016. He completed 2 weeks of Phase 2 and then never turned up to the rest of the programs, no reporting to his Community Justice Supervisor (CJS), no reporting to Probation nor turned up to court. A warrant of arrest was issued on 17 May 2016.
  3. This participant was only found by Police on Friday, 17 June 2016. He was arrested and remanded in custody to appear before the ADC on Tuesday, 21 June 2016.

Exit

  1. In light of this participant’s persistent failure to comply with his treatment programs, bail conditions and court appointments, I conclude that this participant’s continued participation in Intensive Outpatient Program through ADC is untenable.
  2. The participant, Talagata Selasa is exited from ADC on Tuesday, 21 June 2016 and referred to the Supreme Court for mention on Monday, 27 June 2016 to be sentenced.
  3. The Alcohol and Drugs Court recommends for an imprisonment term to be imposed as per its sentencing indication given on 22 February 2016.

JUSTICE TUATAGALOA

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