Police v Aliva [2008] WSSC 54 (28 July 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

TEVE AFELE ALIVA a.k.a ESE ALIVA
male of Falefa and Luatuanuu
Accused in Person

Counsel: Ms Sua for prosecution
Accused in person

Sentencing Date: 28 July 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on two charges of being in possession of prohibited drugs for which you are liable for each offence to 7 years imprisonment.

You were convicted on the 21st May 2007 on a similar charge and sentenced to 4 weeks imprisonment. At the age of 27 years you now appear for sentence on two further similar charges. On the 8th February of this year you were found drunk in the public place and you were brought to the Apia Police where you were searched and drugs were found on you. You were remanded to appear in this court on the 18th February but you failed to appear and a warrant of arrest was issued. Before that warrant was executed you re-offended again on the 16th April 2008. On that day you were found drunk at the public area opposite the Kitano Tusitala hotel. You were there with your friend; both of you were searched and 2 branches of marijuana leaves were found. Those drugs were found on you.

When you were interviewed by the probation service you told the service that it was the pressure from your friends, which led you to commit the offences. I find that difficult to believe because in the presence of your friend the drugs were found on you not on your friend which indicates to the court that you were the major player in obtaining and in the consumption of those drugs. The probation report suggests to me that you have problems with alcohol and problems with drugs. Defendant it is up to you to make a choice, if you continue to indulge in taking alcohol and drugs, prison will be your life.

It seems to me from reading the probation report and looking at your previous conviction card that you have never been given the chance to respond to the guidance of the probation service. You have not been given the chance to be under the supervision of the probation service. And I am prepared to give you that chance now and it will be your final chance. That is because I do not want to see a young man like you waste your time in prison.

So I am now giving you a chance to make a choice whether it is imprisonment or out with your family. You have been in custody since the 7th of this month and I consider that to be a sufficient custodial sentence for this offence. For these two offences you will be placed on probation for a period of 18 months. You will also do 100 hours community work. And you will also attend any programmes like the "Toe Tomanatu Programme" that the probation service may suggest to you. You must realise defendant I am being very lenient on you this time and I do not want to see you back in this court.

JUSTICE VAAI