Police v Seiuli [2017] WSSC 120 (6 September 2017)

SUPREME COURT OF SAMOA
Police v Seiuli [2017] WSSC 120

Case name:	Police v Seiuli
Citation:	[2017] WSSC 120
Decision date:	6 September 2017
Parties:	POLICE v VAEU’A SEIULI male of Afulilo, Aleipata.
Hearing date(s):
File number(s):	S307/05
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted and sentenced to 10 months supervision with the following special conditions: (a) he is to attend the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs programme, and (b) he is to perform 25 hours community service as directed by the probation service
Representation:	A Matalasi and R Masinalupe for prosecution Accused in person
Catchwords:	Alcohol and Drug Court – possession of narcotics –Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs programme
Words and phrases:
Legislation cited:	Narcotics Act 1967, s7
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

VAEU’A SEIULI male of Afulilo, Aleipata.
Accused

Counsel:
A Matalasi and R Masinalupe for prosecution
Accused in person

Sentence: 5 September 2017

S EN 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 at the material time carried a maximum penalty of 7 years imprisonment. He pleaded guilty to the charge at the earliest opportunity. This was on 28 February 2005. The matter was then adjourned for sentencing but on the date of sentence the accused failed to appear and a warrant was issued for his arrest. For some unknown reason, the police were not able to execute the warrant until the accused was apprehended recently on another matter. So the charge for which the accused is now appearing for sentence is about 12 years old.

The offending

2. According to the prosecution summary of facts, on 25 February 2005 the accused was at the Fugalei market when he was apprehended by the police on suspicion that he was in possession of marijuana. He was searched by the police and three small plastic packets of marijuana substances and a half marijuana joint were found on him.
3. Since the time of this offending, the maximum penalty for possession of narcotics has been increased to 14 years imprisonment. I will sentence the accused on the basis of the maximum penalty of 7 years imprisonment which was in force at the time of this offending.

The accused

4. The accused is now 51 years old but was 38 years at the time of the offending. The accused’s pre-sentence report dated 30 August 2017 shows that he was married and has two children. He finished school at Year 5 and then he stayed home and helped out with domestic errands and his family’s plantation and cattle farm which he has been doing up to now.
5. The accused also told the probation service that he smokes marijuana as a relief from a hard day’s work. He has become an addicted user of marijuana but his arrest for this matter has taught him a lesson and he plans to quit smoking marijuana because of his age.
6. The accused also told the probation service that in 2006 he was convicted on charges of burglary and theft and sentenced to 9 months imprisonment and in 2007 he was convicted on a charge of drunkenness and fined $40. He has not had any other conviction since that time.
7. The accused’s older brother told the probation service that the accused is a humble and hardworking person and their family depends on him for their plantation and cattle farm.

Discussion

8. In considering what should be the appropriate penalty in this matter, I take into account the quantity of marijuana substances involved, the age of the offending which was committed in 2005, the fact the accused’s convictions in 2006 and 2007 are quite old and occurred after the offending in 2015, and also the fact that the accused is a regular user of marijuana. In my view, a term of supervision including a special condition for the accused to attend the rehabilitation programme of the Alcohol and Drugs Court would be the appropriate sentence.

Result

9. The accused is convicted and sentenced to 10 months supervision with the following special conditions: (a) he is to attend the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs programme, and (b) he is to perform 25 hours community service as directed by the probation service.

CHIEF JUSTICE