Police v Toilolo [2016] WSSC 126 (11 July 2016)

SUPREME COURT OF SAMOA
Police v Toilolo [2016] WSSC 126

Case name:	Police v Toilolo
Citation:	[2016] WSSC 126
Decision date:	11 July 2016
Parties:	POLICE and LUAFITU TOILOLO, male of Taga and Afega (Accused0
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:	F. Ioane for Prosecution Accused in person
Catchwords:	Possession of narcotics – marijuana cigarette – completed 6 week Alcohol and Drug Programme – first offender – 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

LUAFITU TOILOLO male of Taga and Afega
Accused

Counsel:
F. Ioane for Prosecution
Accused in person

Sentence: 11 July 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 nars , contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty yearrisonment pursuant to s18.
2. He pleaded guilty to the charge on 23 May 2016.

The offending

3. According to the Summary of facts accepted by the accused, on 7 May 2016, the accused was apprehended by Police for being drunk on a bus travelling from Salelologa to Fagafau. Upon being body searched, the Police found one marijuana cigarette inside the right pocket of his pants.

The accused

4. The accused is 26 years old, married with a two year old child. He is unemployed.
5. The accused has completed the 6 weeks programme for drugs and alcohol carried out by Probation for the Alcohol and Drugs Court. He has a certificate of completion to confirm this.
6. The accused is a first offender.

Mitigating factors

7. The first mitigating factor is the participation by the accused in the 6 weeks programme for drugs and alcohol. He tells the Court that the programme has been very useful for him, in particular the effects of alcohol and drugs in his family and his health.
8. He also entered an early guilty plea to the charge.

Discussion

9. Having considered the circumstances of this case including the quantity of marijuana found on the accused (being one (1) marijuana cigarette), and his early guilty plea to the charge, I have decided to impose a non-custodial sentence.
10. 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 and will most likely face an imprisonment term.

Sentence

11. 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