Police v Ioane [2016] WSSC 61 (7 March 2016)

SUPREME COURT OF SAMOA
Police v Ioane [2016] WSSC 61

Case name:	Police v Ioane
Citation:	[2016] WSSC 61
Decision date:	7 March 2016
Parties:	POLICE (prosecution) and HARRY TUFUGA IOANE male of Tuanai (defendant)
Hearing date(s):
File number(s):	S3915/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	For this offence you are discharged without conviction but you are ordered to pay a cost of prosecution of $200 tala to be paid within 1 month.
Representation:	F Lagaaia for prosecution Unrepresented
Catchwords:	Giving narcotics
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

HARRY TUFUGA IOANE male of Tuanai
Defendant

Counsel:
F Lagaaia for prosecution
Unrepresented

Sentence: 7 March 2016

S E N T E N C E

1. Defendant what I said to the last defendant also applies to you. I have read your pre-sentence report and I am very impressed by your talents as a worker and as a dancer.
2. You will recall what I said to the last defendant that your offending will not only affect you, it will affect your friends and your family.
3. You are the eldest of the three children, your educational background is quite impressive. Your father is in fact the leader of the dance group that you are part of. Probation report tells me that your dance group has won the Youth Alive Dance competition 2 years in the row. It has also enabled you to travel overseas.
4. Now if I were to enter a conviction against you for drug offending you will probably not be able to travel overseas anymore. So I am going to deal with you very in a special way to enable you to travel overseas in your future engagement as a dancer but let me caution you do not abuse this chance.
5. I am able to do this because only one joint of marijuana was found by you and you gave it to somebody else which indicates that you do not take or smoke joint.
   
6. You are a first offender and you are a young man of 22 years of age. You are also in steady employment.
7. For this offence you are discharged without conviction but you are ordered to pay a cost of prosecution of $200 tala to be paid within 1 month.
   

JUSTICE VAAI