Police v Maletino [2017] WSSC 109 (22 August 2017)

SUPREME COURT OF SAMOA
Police v Maletino [2017] WSSC 109

Case name:	Police v Maletino
Citation:	[2017] WSSC 109
Decision date:	22 August 2017
Parties:	POLICE v KIMBALL MALETINO male of Lotopa and Mulivai, Safata.
Hearing date(s):	21 August 2017
File number(s):	S803/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted sentenced to 7 months supervision with the special condition that he is to perform 20 hours of community service as directed by the probation service.
Representation:	L Sua-Mailo for prosecution Accused in person
Catchwords:	Possession of Narcotics
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss.7 and 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

KIMBALL MALETINO male of Lotopa and Mulivai, Safata.
Accused

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 22 August 2017

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18. To the charge, he pleaded guilty at the earliest opportunity.

The offending

2. According to prosecution’s summary of facts confirmed by the accused, on 25 May 2017 the accused was apprehended by the police at the Savalalo market on suspicion of allegedly taking a phone from someone else. When he was searched by the police, two marijuana joints were found inside his wallet wrapped in a foil. These two joints were weighed and their total weight was 1.8 grams.

Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme

3. After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) clinician for an assessment and a report for this Court. The clinician in her report recommended that the accused be referred to the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The accused has successfully completed that programme and has graduated with a certificate of due completion. He told the Court that he has learnt many useful lessons from the programme which will be beneficial to him for his future.

The accused

4. As shown from the pre-sentence report, the accused is 21 years old and single. He has worked in a supermarket in Apia since he left school in 2016. He finished school at Year 13 and then enrolled in the maritime school where he graduated with a certificate in nautical studies in 2016. He then took up a job in a supermarket in Apia where he is still employed up to now.
5. The accused is also a first offender and has pleaded guilty to the charge against him at the earliest opportunity. He has also expressed remorse to the probation service and to the Court. His mother also told the probation service that the accused is a very hardworking, trustworthy, and responsible person and provides for his family financially. The accused’s mother also told the probation service that her son’s offending is out of character and she pleads for mercy on her son.

Discussion

6. I have given due consideration to the prevalence of narcotic offending within the community and the nature of the accused’s offending which consists of possession of two marijuana joints. I have also given due consideration to the young age of the accused, the fact that he is a first offender and appears to have been a person of previous good character with a good educational background. He has also attended and successfully completed the 7 week Toe Afua Se Taeao Fou programme, expressed remorse for his offending,, and pleaded guilty to the charge against him at the earliest opportunity. In all the circumstances, I have decided to impose a non-custodial sentence.

Result

7. The accused is convicted and sentenced to 7 months supervision with the special condition that he is to perform 20 hours of community service as directed by the probation service.

CHIEF JUSTICE