Police v Konelio [2017] WSSC 138 (14 November 2017)

SUPREME COURT OF SAMOA
Police v Konelio [2017] WSSC 138

Case name:	Police v Konelio
Citation:	[2017] WSSC 138
Decision date:	14 November 2017
Parties:	POLICE v JAMES KONELIO male of Vailele and Saleaumua Aleipata.
Hearing date(s):
File number(s):	S1334/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 7 months supervision and ordered to perform 25 hours community service as directed by the Probation Service
Representation:	L Sio for prosecution Accused in person
Catchwords:	Aggravating feature relating to the offending – Alcohol and Drugs Court (ADC) – mitigating features relating to the accused as offender – possession of narcotics–Toe Afua Se Taeao Fou Alcohol and Drugs Psycho-Education Programme
Words and phrases:
Legislation cited:	Narcotics Act 1967, ss 7&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

JAMES KONELIO male of Vailele and Saleaumua Aleipata.

Accused

Counsel:
L Sio for prosecution
Accused in person

Sentence: 14 November 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 carries a maximum penalty of 14 years imprisonment pursuant to s.18. To the charge, the accused pleaded guilty at the earliest opportunity.

The offending

2. The prosecution summary of facts confirmed by the accused shows that on 13 September 2017 at Leififi College, one of the teachers saw the accused smoking at the back of the toilets and suspected the accused was smoking marijuana. The teacher then approached the accused and asked him to hand over his bag. It was found to contain a marijuana joint. The matter was reported to the police the next day.

The Alcohol and Drugs Court (ADC) Programme

3. After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) case manager for screening and a report. The report from the ADC case manager recommends that the accused has six special sessions with the case manager. The accused subsequently attended the Toe Afua Se Taeao Fou Alcohol and Drugs Psycho-Education Programme for 6 weeks. The accused has successfully completed and graduated from that programme as shown from the report by the ADC case manager.

The accused

4. The accused is an 18 year old student attending year 13 at school. He lives in the Apia area with his paternal uncle and attend school. The report from the accused’s uncle who is an elder minister of religion states that he is working hard to advise and discipline the accused because of what he has done. The accused’s uncle says that the accused has changed for the better.
5. The accused has also successfully completed and graduated from the Toe Afua se Taeao Fou Programme. He is also a first offender but there are no supporting character testimonials.

The aggravating features relating to the offending

6. The only aggravating feature relating to this offending is that it occurred on a school compound whilst the accused was attending school. This can set a bad example for other students at the school.

The mitigating features relating to the offending

7. There is no mitigating feature relating to this offending.

The aggravating features relating to the accused as offender

8. There is no aggravating feature relating to the accused as offender.

The mitigating features relating to the accused as offender

9. The young age of the accused, the fact that he is still a student, the fact that he has successfully completed and graduated from the Toe Afua se Taeao Fou Programme, and his guilty plea to the charge against him at the earliest opportunity are mitigating features relating to the accused as offender.

Discussion

10. Having regard to the aggravating feature relating to the offending and the mitigating features relating to the accused as offender, I have decided to impose a non-custodial sentence.

Result

11. The accused is convicted and sentenced to 7 months supervision and ordered to perform 25 hours community service as directed by the Probation Service

CHIEF JUSTICE