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Police v Sa [2017] WSSC 31 (28 April 2017)

SUPREME COURT OF SAMOA
Police v Sa [2017] WSSC 31

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Prosecution

A N D

MALAESALA SA male of Tiavea.

Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 28 April 2017

S EN T E N C E

The charge

1. The accused, a male of Tiavea, appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18. To the charge, he pleaded guilty at the earliest reasonable opportunity.

The offending

2. According to the prosecution’s summary of facts which was accepted by the accused, on Thursday afternoon 23 February 2017 at about 5:00pm, a police vehicle was parked in front of a shop at the village o Falefa when a person of the village saw the accused got out of a truck and a marijuana joint fell out from his pockets. This person informed the police and showed them the marijuana joint on the ground. When the police showed the accused the marijuana joint, he admitted that it belonged to him. The police then searched the accused’s vehicle and found three more marijuana joints making a total of four marijuana joints that was in the possession of the accused. The estimated total weight of these marijuana joints was 1.7 grams.

The Alcohol and Drugs Court (ADC)

3. After the accused had pleaded guilty to the charge against him, he was referred to the ADC clinician for an assessment and report. The report from ADC clinician recommended that the accused be referred to the probation service with the condition that he attends the 6 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by a term of supervision.
4. The Court then ordered the accused to attend the 6 week Toe Afua Se Taeao Fou programme and he has completed and graduated from that programme. The report from the programme facilitator shows that the accused has been an active participant in the programme and has engaged well in all topics covered in the programme. The accused has also demonstrated insight into his substance use and the effects it has had not only on himself but on other people. He also informed the programme facilitator that he has abstained from marijuana since the day of his offending and he appeared to the programme facilitator to be committed to continue his abstinence from drugs beyond the programme. The programme facilitator also expresses confidence that the accused will use the strategies and techniques he has learnt from the programme to support his abstinence from drugs.

The accused

5. The accused is 34 years old and married with two children. He is a first offender and has expressed remorse to the Court. He has also pleaded guilty to the charge against him at the earliest reasonable opportunity.

Discussion

6. Given the quantity of marijuana substances that was in the possession of the accused, his first offender status, his early guilty plea and particularly the changes in his marijuana consumption behaviour as a result of his participation in the 6 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme, I have decided to give the accused the opportunity to continue with the changes he has made to his behaviour and lifestyle.

Result

7. The accused is convicted and sentenced to 7 months supervision with the special condition that he is to perform 25 hours of community service.

CHIEF JUSTICE