Police v Eliu [2016] WSADC 5 (18 April 2016)

SUPREME COURT OF SAMOA
Police v Eliu [2016] WSADC 5

Case name:	Police v Eliu
Citation:	[2016] WSADC 5
Decision date:	18 April 2016
Parties:	POLICE v SOLOFA SIPA ELIU male of Magiagi.
Hearing date(s):	18 April 2016
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- The accused is granted bail on these conditions: (a) surrender any travel document you have to the Registrar, (b) reside with your family at Magiagi until further order, (c) report to the Apia CID every Monday and Thursday before 12 noon, and (d) refrain from alcohol consumption.
Representation:	L Sio for prosecution V Barlow for accused
Catchwords:
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Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

SOLOFA SIPA ELIU male of Maagiagi.
Accused

Counsel:
L Sio for prosecution
V Barlow for accused

Oral Decision: 18 April 2016

ORAL DECISION OF SAPOLU CJ

1. You are referred to the Alcohol and Drugs Court (ADC) for a determination hearing on Monday, 25 April 2016. If this Court had proceeded to pass sentence on you instead of referring you to the ADC for a determination hearing the sentence that this Court would have likely to impose on you is a term of 7 months community supervision plus 25 hours of community service. I strongly recommend to you to faithfully and honestly undertake any programme that the ADC would require you to undertake for your own good and for your future. You are still a young man of 19 years of age and I do not want to see you again standing in that dock for any alcohol related offence. If you do appear again in that dock in the future then you may have to go to prison.
   
2. You are granted bail on these conditions:

(a) surrender any travel document you have to the Registrar,

(b) reside with your family at Magiagi until further order,

(c) report to the Apia CID every Monday and Thursday before 12 noon, and

(d) refrain from alcohol consumption.

CHIEF JUSTICE