Police v Sikaiai [2016] WSSC 168 (9 August 2016)

THE SUPREME COURT OF SAMOA
Police v Sikaiai [2016] WSSC 168

Case name:	Police v Sikaiai
Citation:	[2016] WSSC 168
Decision date:
Parties:	POLICE (Prosecution) v APISAI SIKAIAI male of Sataoa Safata (Accused)
Hearing date(s):	9 August 2016
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	The Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo 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:	O. Tagaloa for Prosecution Accused in person
Catchwords:	possession of narcotics
Words and phrases:
Legislation cited:	Narcotics Act 1967 section 7 and section 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

APISAI SIKAIAI male of Sataoa Safata
Accused

Counsel:
O. Tagaloa for Prosecution
Accused in person

Sentence: 9 August 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 narco con> contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 yemprisonment pursuant to s18.
2. He pleaded guilty to the charge on 6 June 2016.

The offending

3. According to the Summary of facts accepted by the accused, on 2 November 2016, Police received reports that the accused was seen buying marijuana from a third party on the Safata bus. The police went to Ululoloa and stopped the bus and escorted the accused from the bus. The Police conducted a body search and found 1 marijuana cigarette in a black bag belonging to the accused.

The accused

4. The accused is 37 years old and self-employed.
5. The accused has completed the 6 weeks program 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.
7. The first mitigating factor is the participation by the accused in the 6 weeks program for drugs and alcohol. This program should be very useful for him, in particular the effects of alcohol and drugs in his family and on 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 program 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 program and will most certainly face an imprisonment term. He has expressed remorse today in Court. Real remorse however will be evident if he does not reoffend.

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 TAFAOIMALO TUALA-WARREN