THE SUPREME COURT OF SAMOA
Police v Folau UILI [2016] WSSC 33

Case name: 	Police v Folau UILI	
		
Citation: 	[2016] WSSC 33	
		
Decision date: 	14 March 2016	
		
Parties: 	Police (informant) and Folau Nome UILI, male of Lepuiai Manono & Tanugamanono (defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu 	
		
Judge(s): 	Laulusāmanaia Justice Mata Tuatagaloa 	
		
On appeal from:		
		
Order:	Convicted and sentenced to six (6) months’ supervision with the following conditions:
i.	attend an educational programme on the use and effects of alcohol;
ii.	not to re-offend; and
iii.	any other as directed by Probation.	
		
Representation: 	Ms F Ioane for the Prosecution
Mr G Latu appears for the Defendant	
		
Catchwords: 	Possession – narcotics – marijuana – drunkenness in a public place – non-custodial sentence – previous convictions 	
		
Words and phrases:		
		
Legislation cited:	Narcotics Act 1967 ss. 7, 18.	
	Police Offences Ordinance 1961 s. 16. 	
Cases cited:		
		
Summary of decision:		

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FOLAU NOME UILI, male of Lepuiai Manono & Tanugamanono
Defendant

Counsel:	
Ms F Ioane for the Prosecution
Mr G Latu appears for the Defendant	

Sentence:	14 March 2016

sentencing of Justice Tuatagaloa

1. 	Folau you are appearing for sentence on one (1) charge of possession of one marijuana joint under ss. 7 & 18 Narcotics Act 1967 which carries a maximum penalty of 14 years’ imprisonment. 
2. 	You are also to be sentenced on one (1) charge of drunkenness in a public place, namely a taxi under, s. 16 Police Offences Ordinance 1961 which carries a maximum penalty of three months’ imprisonment or a fine of $200 or both.
The offending:
3. 	You confirmed the summary of facts as read out which says:
•	On 31 December 2015 at around 7.00pm at Mulivai, Apia the taxi driver of the taxi you were inside waved down a Police patrol car.  The taxi driver informed the police that you were drunk and holding a marijuana joint.  You were taken to the Police Station where you were cautioned and interviewed the next day, 01 January 2016.
4. 	You are 60 years’ old of Manono, married with five children ranging from 
27-17 years old.  You have been employed as a gardener at Tanoa Hotel since 2010 earning a yearly salary of $13,000.  From the pre-sentence report you have a colourful employment record, that is, you were employed in various jobs. You obviously have been employed most of your life..
5. 	You told Probation that you and your workmates had a party to finish off 2015 and you ended up at RSA nightclub with some of your workmates.  It was from there that you caught the taxi to go home.  You told Probation that you are not a user of marijuana and you had no idea how you came to be in possession of this marijuana joint.   You told Probation that the joint may have been inside the packet of cigarettes that you took from your table at RSA when you left.  
6. 	You have a previous record dating back to your last offending in 1989.  From your record you have three (3) charges of drunkenness dating back to the 1970’s and none on possession of marijuana. 
7. 	You have pleaded guilty to the offence. 
8. 	You are again before the Court after all these years and you have also been charged with drunkenness in addition to possession of one marijuana joint.
9. 	Given your previous offending, the Court will accept that you told Probation that you are not a user of marijuana.  Even if you are, the Court has imposed non-custodial sentences where very small quantities of marijuana are found on a person.  The concern of the Court is your alcohol use.
10. 	The circumstances of your case warrant a non-custodial sentence of supervision with conditions to address your alcohol use to limit the risk of 
re-offending.
Decision:
11. 	You are convicted and sentenced to six (6) months’ supervision with the following conditions:
i.	attend an educational programme on the use and effects of alcohol;
ii.	not to re-offend; and
iii.	any other as directed by Probation.

JUSTICE TUATAGALOA