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[2016] WSSC 106
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Police v Tuilaepa [2016] WSSC 106 (20 June 2016)
SUPREME COURT OF SAMOA
Police v Tuilaepa [2016] WSSC 106
Case name: | Police v Tuilaepa |
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Citation: | |
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Decision date: | 20 June 2016 |
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Parties: | POLICE and SOU TUILAEPA a.k.a SOU TAGIILIMA male of Vaitele-Uta and Manono-tai (Accused) |
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Hearing date(s): |
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File number(s): |
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Jurisdiction: | Criminal |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Tafaoimalo Leilani Tuala-Warren |
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On appeal from: |
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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.
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Representation: | L. Sio for Prosecution Accused in Person |
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Catchwords: | Possession of narcotics – one marijuana cigarette – completed Drug and Alcohol program – non-custodial sentence
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Words and phrases: |
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Legislation cited: | |
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Cases cited: |
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Summary of decision: |
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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
- The accused appears for sentence on one charge of knowingly being in possession of narcoticsb0;, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s18.>
- He pleaded guilty to the charge on 2 May 2016.
The offending
- 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
- The accused is a 21 year old male. He works as an elei designer at Fugalei.
- The accused has completed the 6 weeks programme for drugs and alcohol carried out by Probation for the Alcohol and Drugs Court.
- The accused is a first offender.
Discussion
- 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.
- 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
- 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
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URL: http://www.paclii.org/ws/cases/WSSC/2016/106.html