ALCOHOL AND DRUGS COURT OF SAMOA
Police v Iofi [2016] WSADC 9

Case name: 	Police v Iofi	
		
Citation: 	[2016] WSADC 9	
		
Decision date: 	12 July 2016	
		
Parties: 	POLICE and FARETI IOFI, male of Matautu-uta (Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	CRIMINAL	
		
Place of delivery: 	Alcohol and Drugs Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Mata Keli Tuatagaloa	
		
On appeal from:		
		
Order:	•	The defendant was accepted on 12 July 2016 and he started the Phase 1 (6 weeks) treatment on 13 July 2016 with bail conditions (further outlined in judgment).
•	The defendant (until further order) is remanded for fortnightly monitoring by the court.	
		
Representation: 	F Ioane for prosecution
P Mulitalo for defendant	
		
Catchwords: 	Rehabilitative programmes – referred to ADC – determination hearing – accepted as a participant into ADC programme Phase 1 	
		
Words and phrases:		
		
Legislation cited:	Crimes Act 2013 ss.174; 161; 165(d) 

Cases cited:		
		
Summary of decision:		

IN THE ALCOHOL AND DRUGS COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

A  N  D:

FARETI IOFI male of Matautu-uta.
Defendant

Counsel:
F Ioane for prosecution
P Mulitalo for defendant

Decision:	12 July 2016

DETERMINATION HEARING
Purpose of Alcohol and Drugs Court
1.	The aim of the ADC is to reduce the risk of offending by ensuring that those with a serious alcohol or drugs problem are required to undertake appropriate rehabilitative programmes under the strict supervision of the ADC, thereby reducing their risk of reoffending.
The defendant
2.	The defendant Fareti Iofi a 23 year old male of Matautu-uta was on 13 June 2016 pleaded guilty to one charge of burglary, contrary to s.174 of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment and three charges of theft contrary to ss.161 & 165 (d) of the Act, which also carries a maximum penalty of 10 years imprisonment.  For the reasons which follow the defendant was referred to the Alcohol and Drugs Court (AOD) for a determination hearing at 2pm on Tuesday 28 June 2016.
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, given a sentencing indication of less than 3 years imprisonment. He/she will be stood down to be screened by the Alcohol and Other Drugs (AOD) clinician.
4.	The defendant is from the piloted region (Afega-Laulii), had pleaded guilty to the offences charged with, committed the offending under the influence of alcohol and was given a sentencing indication of 6 months imprisonment. The defendant was assessed to have a serious alcohol problem which problem drives his offending.
Determination Hearing
5.	On 28 June 2016 the defendant first appeared in the Alcohol and Drugs Court (ADC) for a final determination hearing. The purpose of a determination hearing is for the judge of ADC to be satisfied that the defendant is dependent or is likely to be dependent on drugs/alcohol and this is driving their offending. The judge is to make a decision as to whether the defendant referred is qualified for the rehabilitative treatment programs under ADC.
6.	If the defendant qualifies, he will be offered the opportunity to take part in the ADC treatment programs. The judge will tell them what they have to do to complete the programs. If the defendant agrees to take part, he will undergo Phase 1 (6 weeks program) which is the psycho-educational programs followed by Phase 2 (12 weeks program) of intensive treatment. Both treatment programs are community-based.
7.	The defendant has a previous record of same offending which he told the court to have also been committed while under the influence of alcohol. Acceptance of the defendant was further adjourned to 12 July 2016 for the treatment team to carry out a family group conference (FGC) with the defendant and his parents and for the team to vet the family environment of the defendant.
8.	The report from the team on FGC and family environment was positive and the defendant’s parents have given their support to monitor and make sure that the defendant abides by the terms conditions and treatment programs of the ADC. On 12 July 2016 the court finds the defendant qualifies for the treatment under the ADC. The defendant also accepts to undergo the treatment programs.
9.	The defendant was accepted on 12 July 2016 and he started the Phase 1 (6 weeks) treatment on 13 July 2016 with the following bail conditions:
i.	To sign in with probation every Monday and Friday before 12 noon
ii.	Not to consume alcohol/drugs while undergoing treatment
iii.	To report to his treatment programs every Wednesday before 10am
iv.	To fully comply with the ADC Participant Agreement
v.	To comply with directions of Case Manager
vi.	Not to associate with anyone who is drinking alcohol or consuming illegal drugs
vii.	Not to commit further offences
viii.	To do community service for 4 hours every Monday.
10.	The defendant (until further order) is remanded for fortnightly monitoring by the court.

JUSTICE TUATAGALOA