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Police v Aliva [2018] WSSC 29 (8 March 2018)

SUPREME COURT OF SAMOA
Police v Aliva [2018] WSSC 29


Case name:
Police v Aliva


Citation:


Decision date:
8 March 2018


Parties:
POLICE v AFELE TEVE ALIVA male of Falefa


Hearing date(s):
22 January and 7 February 2018


File number(s):
S129/18


Jurisdiction:
Criminal


Place of delivery:
Supreme Court of Samoa, Mulinuu


Judge(s):
CHIEF JUSTICE SAPOLU


On appeal from:


Order:
- Convicted and sentenced to 9 months supervision and ordered to perform 35 hours of community service. You are further ordered to attend the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme of the ADC.


Representation:
L Sio for prosecution
Accused in person


Catchwords:



Words and phrases:
Alcohol and Drugs Court – possession of narcotics – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme of the ADC


Legislation cited:


Cases cited:


Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU


BETWEEN


P O L I C E
Prosecution


A N D


AFELE TEVE ALIVA male of Falefa.
Prosecution


Counsel:
L Sio for prosecution
Accused in person


Sentence: 8 March 2018


S E N T E N C E

The charges

  1. Afele Teve Aliva, you appear 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 pursuant to s.18. To the charge, you pleaded guilty at the earliest opportunity.

The offending

  1. It appears from the prosecution summary of facts which you accepted, that on Wednesday morning 14 February 2018 you were brought by the police to the Apia police station on suspicion of a different matter. However, when you were searched by the police at the police station, a half marijuana joint was found in one of the pockets of the pair of jeans you were wearing. You were then charged with possession of narcotics.

The accused

  1. You are 39 years of age, single, and employed on a fishing boat. You have a number of previous convictions for similar offending in 2007, 2008, 2009, 2011, and 2013. It seems you are a habitual user of marijuana. Given the date of your last previous conviction for narcotic offending, it is clear to me that you have not had the benefit of the rehabilitation programmes administered by the recently established Alcohol and Drugs Court.

Discussion

  1. Given the minimal quantity of marijuana substances found in your possession, I have decided not to accept the submission by counsel for the prosecution to take a starting point for sentencing of 18 months imprisonment. This is in spite of the fact of your previous convictions for similar offendings. In my view, a term of supervision with hours of community service plus an order that you attend the rehabilitation programme of the Alcohol and Drugs Court (ADC) would be appropriate.

Result

  1. You are convicted and sentenced to 9 months supervision and ordered to perform 35 hours of community service. You are further ordered to attend the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme of the ADC.
  2. Stand down.

CHIEF JUSTICE

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