Police v Siteni [2016] WSSC 91 (11 May 2016)

SUPREME COURT OF SAMOA

Police v Siteni [2016] WSSC 91

Case name:	Police v Siteni
Citation:	[2016] WSSC 91
Decision date:	11 May 2016
Parties:	POLICE v AUSETALIA SITENI male of Satapuala
Hearing date(s):	11 May 2016
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEILANI TUALA-WARREN
On appeal from:
Order:	- Convicted and sentenced to 6 months supervision pursuant to s.12 of the Community Justice Act 2008. As a special condition, he is to undergo counselling through Probation for drugs and alcohol.
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	possession of narcotics – maximum penalty – first offender – early guilty plea –sentence
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss. 7&18 Community Justice Act 2008.
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

AUSETALIA SITENI male of Satapuala
Accused

Counsel:
O. Tagaloa for Prosecution
Accused in person

Sentence: 11 May 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 narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s18. He pleaded guilty to the charge at the earliest opportunity.

The offending

2. On 16 October 2015, a member of the public called the Police and informed them that there was a car on the road which kept bumping into the back of their car. The Police at Afega waited for the car and stopped it at Afega. The car which belongs to the accused was then taken by Police and searched. The Police found a packet of cigarettes which belonged to the accused containing one (1) marijuana cigarette.

The accused

3. The accused is a 30 year old male of Satapuala. He works on his plantation to support his de facto partner, their three children and his parents.
4. The accused is a first offender.

Discussion

5. 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.
6. The Court cautions the accused against further narcotics offending as these offences carry high penalties, and the next time the accused appears in Court for similar offences, he will put at risk his ability to continue to support his partner, their children and his parents.

Sentence

7. The accused is convicted and sentenced to 6 months supervision pursuant to s.12 of the Community Justice Act 2008. As a special condition, he is to undergo counselling through Probation for drugs and alcohol.

JUSTICE TUALA-WARREN