Police v Sefo [2016] WSSC 74 (2 May 2016)

SUPREME COURT OF SAMOA
Police v Sefo [2016] WSSC 74

Case name:	Police v Sefo
Citation:	[2016] WSSC 74
Decision date:	02 May 2016
Parties:	Police (Informant) and John a.k.a Ioane SEFO male of Vaimoso-tai and Salamumu
Hearing date(s):
File number(s):	S337/16
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusā Justice Mata Tuatagaloa
On appeal from:
Order:	The accused is convicted and sentence to eight (8) months' imprisonment.
Representation:	L Sio for Prosecution Defendant in Person
Catchwords:	Possession of narcotics – marijuana – user and seller of marijuana – previous convictions of same type of offending – previous prison terms – done six week alcohol and drug program prior to sentencing -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

JOHN a.k.a IOANE SEFO, male of Vaimoso and Salamumu
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Sentence: 02 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. The accused is appearing for sentence on one charge of possession of six (6) marijuana joints. This offence carries a maximum imprisonment term of 14 years.
2. The accused was observed by an on duty police officer at Savalalo flea markets selling marijuana on 13 February 2016.
3. The accused have previous convictions (three times) all to do with marijuana: 2001, 2008, 2011 and now 2016. There are quite some gaps from one offending to the next by the accused. The accused confirmed in court that he uses and sells marijuana.
4. Custodial sentences have always been imposed upon narcotic offenders as a measure of deterrence and the accused was no different. Yet despite imposing custodial sentences upon the accused in 2001, 2008 and 2011 he is still offending.
5. The accused was ordered on 04 April 2016 to complete a six week educational program on the use and effects of alcohol and narcotics before sentencing. This he has done.
6. The six week program is run by the Alcohol and Drugs Court team for the probation services for those offenders referred by the Court. The aim is that the offenders will be provided with the knowledge on the negative effect of alcohol and marijuana use in the hope that the offender will curb his usage of alcohol and/or narcotics and by doing so, the cause of offending is not only addressed but that the offender will not re-offend.
7. The prosecution seeks for a higher custodial sentence of 10 months’ imprisonment to be imposed. The question is what is the guarantee that this will finally deter the accused from again re-offending?
8. Increasing custodial sentences on recidivist offenders is not the right approach. I believe where someone is a recidivist offender there is a need to address the causes or the “whys” of the offending. This hopefully has been addressed by the 6 week program the accused attended.
9. The accused told the court when asked that he has learnt a lot from the
   6 week program that he was truly remorseful and will never again deal in marijuana. I am not at all convinced by the accused. I truly hope that this will be the last time he re-offends with marijuana or at all. A custodial sentence of a lesser amount than those previously imposed in my view appropriate given that the accused has completed the 6 weeks educational program on the use and effect of alcohol and/or marijuana.
10. I will take a starting point of six months; upgrade to 10 months because of previous convictions of same offence (3 times); less 25% for early guilty plea. This leaves eight (8) months.
11. The accused is convicted and sentence to eight (8) months' imprisonment.
    

JUSTICE TUATAGALOA