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Police v Tu [2017] WSSC 98 (11 July 2017)

SUPREME COURT OF SAMOA
Police v Tu [2017] WSSC 98

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D:

APE MISI TU male of Faga, Savaii.
Accused

Counsel:
F O Tagaloa for prosecution
Accused in person

Sentence: 11 July 2017

S EN T E N C E

The charge

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

The offending

2. On 15 April 2017, a plain clothes police officer who was on special duty at the Mulifanua wharf to watch out for narcotic activity on the wharf saw the accused walking towards a group of young men at the front gate of the wharf. The accused then reached into his pocket and pulled out some money which he handed to one of those men in exchange for marijuana joints. As the accused was heading towards the departure area of the wharf, he was intercepted by another police officer who questioned him if he had any marijuana in his possession. The accused replied he had two marijuana joints.

The Alcohol and Drugs Court

3. After the accused had pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) clinician for screening and an assessment. The report from the ADC clinician recommended that the accused be referred back to her for a further assessment and a possible consideration for a determination hearing by the ADC. The accused was subsequently referred to the ADC for a determination hearing. At the determination hearing, the ADC decided to refer the accused to attend the seven weeks Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Court Programme. The accused has successfully completed that programme and has graduated with a certificate of due completion.
4. The report from the programme facilitator shows that the accused had been an active participant in the programme and had demonstrated insight into substance use and its effects not only on himself but his family and his relationship with other people. The accused also told the programme facilitator that since he was charged for his present offence, he has not touched narcotics again. The programme facilitator in his report has expressed confidence that the accused will continue to utilise the strategies and skills he has learnt from the programme to support the current changes he has made to his lifestyle.

The accused

5. The accused is 49 years old. He is married with six children. He earns his living as a fisherman. He has expressed remorse for his offending and has told the Court that he found the seven weeks Toe Afua Se Taeao Fou Alcohol and Drugs Programme very useful to him.
6. The accused at age 49 is a first offender.

Discussion

7. Given the quantity of marijuana substances found in the accused’s possession, the fact that he has successfully completed the seven weeks Toe Afua Se Taeao Fou Alcohol and Drugs Programme, his expression of remorse, his first offender status, and his guilty plea at the earliest convenience, I have decided to impose a non-custodial sentence. But I hope that the accused will continue to make good use of the lessons from the programme he has attended. If he does not do so and he reoffends, he may not get a second chance of a non-custodial sentence.

Result

8. The accused is convicted and sentenced to 7 months supervision with the special condition that he performs 30 hours community service as directed by the probation service.

CHIEF JUSTICE