Police v Neemia [2016] WSSC 127 (22 July 2016)

SUPREME COURT OF SAMOA
Police v Neemia & Anor [2016] WSSC 127

Case name:	Police v Neemia & Anor
Citation:	[2016] WSSC 127
Decision date:	22 July 2016
Parties:	POLICE and VAIALOFA NEEMIA AND TONE FARETI both males of Faleula (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 Vaialofa Neemia is convicted and sentenced to 8 months supervision. He is not to reoffend within that time. The accused Tone Fareti is convicted of and is called up for sentence in 6 months. If he re-offends within that time he will be sentenced on this offence and any others which may be proven against him.
Representation:	O. Tagaloa for Prosecution Both Accused in person
Catchwords:	Narcotics – possession – marijuana cigarette – completed six week Alcohol & Drug program – previous offence of similar nature (Neemia) – first offender (Fareti) - non-custodial sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 s.7
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

VAIALOFA NEEMIA & TONE FARETI both males of Faleula
Accused

Counsel:
O. Tagaloa for Prosecution
Both Accused in person

Sentence: 22 July 2016

S E N T E N C E

The charge

1. The accused appear for sentence on one joint charge of knowingly being in possession of narc , contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s18.
2. They pleaded guilty to the charge at the earliest opportunity on 16 May 2016.

The offending

3. According to the Summary of Facts accepted by both accused, on 18 June 2016, the accused were sitting under a tree at the seawall. When approached by Police, the accused Vaialofa Neemia put a cigarette inside his mouth. The cigarette was a marijuana cigarette.

The accused

Vaialofa Neemia

4. Vaialofa Neemia is 34 years old and is a carpenter who lives with his parents at Faleula. He is single as his wife passed away in 2014 and his children live with him and his parents.
5. His father told Probation that Vaialofa is the only employed member of their family on whom they rely for financial support.
6. Vaialofa told Probation that he started smoking marijuana in 2009 but has stopped since he was caught by Police.
7. He completed the 6 weeks alcohol and drugs program known as Toe Afua se Taeao Fou, which is a psycho education program on the facts and effects of alcohol and drugs. He was awarded a certificate of completion.
8. He has previous convictions for possession of narcotics in 2012 and causing grievous bodily harm in 2013.

Tone Fareti

9. Tone Fareti is 24 years old from Faleula Uta. At the time of the offending, he was working in construction. However he now concentrates on his training as a boxer under the tutelage of Vaaiga Tuigamala, who has provided a reference in support of Tone. Tone will be fighting on 30 July 2016 in a tournament.
10. He is in a de-facto relationship and has one child. He admits that he started smoking marijuana in 2008 but has now stopped to concentrate on his training as a boxer.
11. He completed the 6 weeks alcohol and drugs program known as Toe Afua se Taeao Fou, which is a psycho education program on the facts and effects of alcohol and drugs. He was awarded a certificate of completion.
12. Tone Fareti is a first offender.

Aggravating factor in respect of the accused

13. Vaialofa Neemia has a previous conviction for possession of narcotics in 2012 and causing grievous bodily harm in 2013.

Discussion

Vaialofa Neemia

14. Prosecution concurs with the Court that because this accused has attended a program to address his offending behaviour, he should be given the opportunity to use what he has learnt in the program to stay away from criminal activity.
15. Therefore, having considered the circumstances of this case including the quantity of marijuana found on the accused (being one (1) marijuana cigarette), his successful completion of the alcohol and drugs program, I have decided to impose a non-custodial sentence even though narcotics offending carry high penalties.
16. This accused has now attended the program for alcohol and drugs, and in moving forward his choice is now to use what he has learnt to address behaviour which is contrary to the law. I am mindful that he has previous convictions for possession of narcotics and causing grievous bodily harm, and that means for him that he must use this opportunity wisely, which has been given by the Court, as this is his third brush with the law, and his absolute last chance given by the Court for any future narcotics reoffending. His rehabilitation is of paramount consideration in this sentence. His ability to provide for his parents and his children will be put at serious risk if he reoffends.

Tone Fareti

17. Similarly, 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 even though narcotics offending carry high penalties. This accused has now attended the program for alcohol and drugs. This is his first offence but if he is to remain in training and with his young family, he is well advised to stay away from narcotics.

Sentence

18. The accused Vaialofa Neemia is convicted of possession of narcotics and sentenced to 8 months supervision. He is not to reoffend within that time.
19. The accused Tone Fareti is convicted of possession of narcotics and is called up for sentence in 6 months. If he re-offends within that time he will be sentenced on this offence and any others which may be proven against him.
    

JUSTICE TUALA-WARREN