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Police v Sione [2016] WSSC 63 (11 March 2016)

SUPREME COURT OF SAMOA
Police v Sione [2016] WSSC 63

Case name:
Police v Sione


Citation:


Decision date:
11 March 2016


Parties:
POLICE (prosecution) and UESILE SIONE male of Faleula and Malie (defendant).


Hearing date(s):



File number(s):
S3503/15


Jurisdiction:
Criminal


Place of delivery:
Supreme Court of Samoa, Mulinuu


Judge(s):
Justice Vaai


On appeal from:



Order:
For this offence you are convicted and placed on probation for a period of 12 months. These are the conditions of your probation. You will continue with the payment of the $370 tala compensation to the Land Transport Authority as agreed to by weekly payment of $40 tala. You will do 30 hours of community work. You will also attend any programme as directed by the probation service. You will refrain from consuming alcohol during period of your probation. If you breach any of those conditions, you will be brought back to this Court and I will pass sentence on you.


Representation:



Catchwords:



Words and phrases:



Legislation cited:



Cases cited:



Summary of decision:


IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU


BETWEEN:

POLICE
Prosecution


AND:


UESILE SIONE male of Faleula and Malie
Defendant

Counsel:
L Sio for prosecution
Unrepresented


Sentence: 11 March 2016


S E N T E N C E

  1. Defendant you heard the summary of facts that you have confirmed and for this offence you are liable to 7 years imprisonment for your offending.
  2. You committed this offence while you were under the influence of alcohol but that is no excuse. Obviously alcohol has an adverse effect on your conduct. It is through your drunkenness, for no reason whatsoever you decided to damage the road sign by throwing rocks at it.
  3. You are 19 years of age and you are single and unemployed. You told by the probation report that you are the eldest of the 6 children and you have not found any form of employment since you left school. So obviously your family have suffered by your offending through payment of the $370 tala to the Land Transport Authority for compensation.
  4. The probation service recommends to the court a community based sentence which I accept. As you are a first offender, the appropriate sentence for this matter is to place you on probation under supervision of the probation service.
  5. For this offence you are convicted and placed on probation for a period of 12 months. These are the conditions of your probation. You will continue with the payment of the $370 tala compensation to the Land Transport Authority as agreed to by weekly payment of $40 tala. You will do 30 hours of community work. You will also attend any programme as directed by the probation service. You will refrain from consuming alcohol during period of your probation. If you breach any of those conditions, you will be brought back to this Court and I will pass sentence on you.

JUSTICE VAAI


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