Police v Schuster [2017] WSSC 13 (14 March 2017)

SUPREME COURT OF SAMOA
Police v Schuster [2017] WSSC 13

Case name:	Police v Schuster
Citation:	[2017] WSSC 13
Decision date:	14 March 2017
Parties:	POLICE v SIONA SCHUSTER male of Tanumapua and Aleisa.
Hearing date(s):	14 March 2017
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:
Representation:	F Ioane for prosecution I Sapolu for the accused
Catchwords:	Sentence – possession of narcotics – aggravating and mitigating features – alcohol and drug education programme – supervision on special condition – community service –
Words and phrases:
Legislation cited:	Narcotics Act 1967 s.7
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

S2241/16

BETWEEN

P O L I C E
Prosecution

A N D

SIONA SCHUSTER male of Tanumapua and Aleisa
Accused

Counsel:
F Ioane for prosecution
I Sapolu for the accused

Sentence: 14 March 2017

S E N T E N C E

The charges

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, the accused pleaded guilty at the earliest reasonable opportunity.

The offending

2. On November 2016, a police officer who was at Fugalei Market saw the accused buying marijuana substances from a group of men at the back of the shop next to the police post at the market. The police officer then approached the accused and told him that he will be taken to the police post inside the market on suspicion of marijuana. The accused then took out five marijuana joints and gave them to the police officer.

The accused

3. As the pre-sentence report shows, the accused is single and 48 years old. He lives with his brother at Aleisa. His brother told the probation service that the accused is a reliable, supportive and caring person and that his present offence is out of character. The character testimonial from the Accident Compensation Commission which employed the accused as a touch driver at the Fugalei Market until this offending shows the accused as an honest, reliable and hardworking employee with great personal relations skills. The character testimonial from the bishop of the accused church shows the accused as a pleasant and well-mannered person, a regular churchgoer, and supportive of his church’s activities. At present the accused is employed as a security at a florist shop.
4. The accused was referred to Alcohol and Drugs Court clinician for an assessment and the report given recommends that the accused be referred to the six weeks rehabilitation programme Toe Afua Se Taeao Fou Alcohol and Drugs education programme.
5. The accused is also a first offender at the age of 48 years and he has pleaded guilty to the charge against him at the earliest opportunity.

Aggravating and mitigating features.

6. The only aggravating factor of the accused’s offending is the quantity of marijuana joints found in his possession. It is still a modest quantity. On the other hand, the mitigating factors relating to the accused as offender are the fact that he has been person of good character prior to this offending and his early guilty plea.

Discussion

7. Having considered all the circumstances of this matter, I have decided to give the accused one more chance to turn a new leaf and to redeem himself. But the accused must not forget that he may not get another chance like this again if he reoffends.

Result

8. The accused is convicted and sentenced to 8 months supervision on the special conditions that he is to attend the six week Toe Afua Se Taeao Fou Alcohol and Drugs education programme and to perform 25 hours community service as directed by the probation service.

CHIEF JUSTICE