Police v Aleni [2016] WSADC 4 (15 March 2016)

IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Aleni [2016] WSADC 4

Case name:	Police v Aleni
Citation:	[2016] WSADC 4
Decision date:	15 March 2016
Parties:	Police (Informant) and Vavao ALENI, male of Fagalii-uta & Leauvaa (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusāmanaia Justice Mata Tuatagaloa
On appeal from:
Order:	Although the screening and assessment found the defendant to have a ‘moderate to severe binge drinking’ problem the court feels that Vavao Aleni does not satisfied one of the cardinal criteria of being accepted in to the ADC, that is, his offending was the result of being under the influence of alcohol or in pursuit of alcohol.
Representation:	Ms F Ioane for Prosecution Mrs V Schuster for Defendant
Catchwords:	Determination hearing
Words and phrases:	Not accepted into Alcohol and Drugs Court (ADC) – not under the influence of alcohol/drugs when committing crimes.
Legislation cited:
Cases cited:
Summary of decision:

IN THE ALCOHOL AND DRUGS COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

VAVAO ALENI male of Fagalii-uta and Leauvaa.
Defendant

Counsel:
Ms F Ioane for Prosecution
Mrs V Schuster for Defendant

Decision: 15 March 2016

DECISION ON DETERMINATION HEARING OF
ALCOHOL AND DRUGS COURT

Introduction

1. The defendant Vavao Aleni a 21 year old male of Fagalii-uta and Leauvaa was remanded on 14 March 2016 to the Alcohol and Drugs Court (ADC) for a determination hearing at 2pm on Tuesday 15 March 2016.
2. Vavao Aleni is the first defendant to be refused or not accepted in to the ADC. It is therefore appropriate that I have the reasons in writing.

The process for entry into the Alcohol and Drugs Court (ADC)

3. Determination of whether an offender is suitable for the ADC starts in the criminal mentions list. The offender must plead guilty to his offence and live in the region from Afega to Laulii. If the offending was committed under the influence or in pursuit of alcohol or drugs, he/she will be stood down to be screened by the Alcohol and Other Drugs (AOD) clinician.
4. The defendant, Vavao Aleni is believed to have satisfied the eligibility criteria to be considered for the ADC. That is, the defendant lives within the region (Afega-Laulii) at Fagalii-uta, has pleaded guilty at the first opportunity, committed the offence under the influence of alcohol and the offence committed is not one of murder/manslaughter, sexual offence or serious drug dealing offences and the sentencing indication was 12-18months imprisonment which is not more than 3 years imprisonment. He was screened and fully assessed by the ADC clinician where he was found to have a ‘moderate to severe pattern of binge drinking’. The AOD clinician recommends for this defendant to be referred to the ADC for the determination hearing.
5. It is at the determination hearing that the ADC Judge after consultation with the ADC team makes the final decision as to whether to offer someone a place in the ADC.

The determination hearing

6. The assessment says that the defendant started drinking at 19 years old. However, he told the ADC clinician that he was not under the influence of alcohol when committing the offences that are before the court. He told the court that he and other boys committed the offences at around 10am in the morning at one of the government flats at Fagalii-uta. The summary of facts by the prosecution does not mention the involvement of alcohol.
7. The defendant has a previous conviction and Probation Officer, Mr David Carter confirmed with the court from pre-sentence report (PSR) prepared for that previous offending that, there was no mention of alcohol being involved in that offending.
8. In the determination hearing Vavao Aleni was asked about whether he was under the influence of alcohol when committing the offences he is currently before the court and he responded that he was not. He was also asked whether his previous offending was committed whilst under the influence of alcohol or in pursuit of alcohol and he also responded no.
9. Although the screening and assessment found the defendant to have a ‘moderate to severe binge drinking’ problem the court feels that Vavao Aleni does not satisfied one of the cardinal criteria of being accepted in to the ADC. That is, his offending was the result of being under the influence of alcohol or in pursuit of alcohol.
10. Although he is not found suitable for intensive treatments under ADC he would nevertheless benefit from a psycho-educational approach on the use and effect of alcohol currently facilitated by the ADC team should the court considers a term of supervision as part of a sentence to be imposed.
11. Vavao Aleni is further remanded on bail for mention on 21 March 2016 to set a date for sentencing.
    

JUSTICE TUATAGALOA