Police v Tuilaepa [2016] WSSC 106 (20 June 2016)

SUPREME COURT OF SAMOA
Police v Tuilaepa [2016] WSSC 106

Case name:	Police v Tuilaepa
Citation:	[2016] WSSC 106
Decision date:	20 June 2016
Parties:	POLICE and SOU TUILAEPA a.k.a SOU TAGIILIMA male of Vaitele-Uta and Manono-tai (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Leilani Tuala-Warren
On appeal from:
Order:	The accused is convicted and ordered to come up for sentence in 12 months time. A condition of this sentence is that he is to not reoffend by committing any other offences under the Narcotics Act 1967. If he does, he will be sentenced on this offence and any others which may be proved against him.
Representation:	L. Sio for Prosecution Accused in Person
Catchwords:	Possession of narcotics – one marijuana cigarette – completed Drug and Alcohol program – non-custodial sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss. 7; 18
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

SOU TUILAEPA aka SOU TAGIILIMA male of Vaitele-Uta and Manono Tai
Accused

Counsel:
L. Sio for Prosecution
Accused in person

Sentence: 20 June 2016

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of knowingly being in possession of narcotics , contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s18.
2. He pleaded guilty to the charge on 2 May 2016.

The offending

3. On 30 March 2016, the accused was apprehended by Police for a separate matter. Upon being body searched, the Police found one marijuana cigarette inside the right pocket of his pants. The cigarette weighed 0.3 grams.

The accused

4. The accused is a 21 year old male. He works as an elei designer at Fugalei.
5. The accused has completed the 6 weeks programme for drugs and alcohol carried out by Probation for the Alcohol and Drugs Court.
6. The accused is a first offender.

Discussion

7. Having considered the circumstances of this case including the quantity of marijuana found on the accused (being one (1) marijuana cigarette), I have decided to impose a non-custodial sentence.
8. The accused has completed the 6 weeks programme and this is a mitigating factor in his favour. He has now had the benefit of the psycho-education programme for drugs and alcohol and the court cautions the accused against further narcotics offending as these offences carry high penalties. The next time the accused appears in Court for similar offences, he will not be sent to a programme.

Sentence

9. The accused is convicted and ordered to come up for sentence in 12 months time. A condition of this sentence is that he is to not reoffend by committing any other offences under the Narcotics Act 1967. If he does, he will be sentenced on this offence and any others which may be proved against him.
   

JUSTICE TUALA-WARREN