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Police v Liava'a [2019] WSSC 6 (14 February 2019)

SUPREME COURT OF SAMOA
Police v Liava’a [2019] WSSC 6

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Informant

AND

KOROSETA LIAVA’A male of Nuu Fou & Fagaee
Accused

Counsel:
L. Su’a-Mailo for prosecution
Accused in person

Sentence: 14 February 2019

S E N T E N C E

The charge

(a) 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 penalty of 14 years imprisonment. To the charge he pleaded guilty at the earliest opportunity.

The offending

(b) The prosecution summary of facts confirmed by the accused shows that on 17 November 2018 at around 4pm, a police patrol saw a group of five people drinking at the Home and Away Park at Sogi. When the police approached this group of people, one of the police officers saw the accused tossing away a small Pall Mall packet of cigarettes. The police picked up this packet and found it contained marijuana leaves weighing 0.01 grams which is equivalent to a half marijuana cigarette.

The Salvation Army psycho-education Alcohol and Drug Group Programme

(c) After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) case manager for screening. The ADC case manager in his report recommended that the accused be referred to the Salvation Army 6 week Psycho-education Alcohol and Drugs Group Programme called the Faletalatala. The accused has successfully completed this programme.

The accused

(d) The pre-sentence report shows the accused is 19 years old, single, and unemployed. He grew up at his village of Fagae’e in Savaii and moved to Apia in search of a better future. In 2018, he started smoking marijuana when he was 18 years and since then, he would smoke marijuana when given to him by someone. He is well supported by his older brother’s father-in-law in this matter.
(e) The accused has expressed remorse to the probation service and to the Court for his involvement in this offending. He has also successfully completed the Salvation Army psycho-education Alcohol and Drugs Court programme, Faletalatala.

The mitigating features personal to the accused as offender

(f) The following mitigating features relate to the accused as offender:

• (a) young age;
  • (b) remorse;
• (c) successful completion of the Salvation Army 6 week Psycho- education Alcohol and Drugs Programme, Faletalatala; and
  • (d) early guilty plea.

Discussion

(g) Given the small quantity of marijuana found by the police in the accused’s possession and the mitigating features relating to the accused as offender, I will impose a non-custodial sentence. But I must warn the accused to stay away from bad company that would tempt him to smoke marijuana, because if he is charged with marijuana again, he will be at risk of going to prison.

The result

(h) The accused is convicted and sentenced to 6 months supervision and ordered to perform 25 hours’ community work.

CHIEF JUSTICE