Police v Kaisa [2017] WSSC 140 (17 November 2017)

SUPREME COURT OF SAMOA
Police v Kaisa [2017] WSSC 140

Case name:	Police v Kaisa
Citation:	[2017] WSSC 140
Decision date:	17 November 2017
Parties:	POLICE v LIUA KAISA male of Aai o Fiti.
Hearing date(s):
File number(s):	S1339/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 8 months supervision and ordered to perform 25 hours community service as directed by the probation service
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:
Words and phrases:	Alcohol and Drugs Court – mitigating features relating to the accused as offender – possession of narcotics – Toe Afua Se Taeao Fou Alcohol and Drugs Psycho-Education Programme
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

LIUA KAISA male of Aai o Fiti.
Accused

Counsel: O Tagaloa for prosecution
Accused in person

Sentence: 17 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. According to the prosecution summary of facts, on 20 September 2017 at around 10am at Chanel College, one of the teachers suspected that the accused was in possession of a mobile phone which was not allowed at school. When the accused’s schoolbag was searched, a marijuana joint was found in it. The matter was then reported to the police.

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 accused subsequently undertook the Toe Afua Se Taeao Fou Alcohol and Drugs Psycho-Education Programme for 6 weeks. He has successfully completed and graduated from that programme.

The accused

4. The pre-sentence report shows that the accused is 17 years old and was attending Chanel College at Year 12. As a result of his offending he has been expelled from school. He now stays at home and his mother is now looking at enrolling him at another school as his school reports show that he is academically capable.
5. The accused admitted to the probation service that he started consuming marijuana at the beginning of this year when a classmate brought marijuana to school and they smoke it at the school athletics. His mother told the probation service that her son is a very disobedient boy but since this incident she has noticed changes in him, for instance, he is now always present at their family’s evening services. She still supports her son in this matter. The accused is a first offender.

The aggravating features relating to the offending

6. The only aggravating feature relating to this offending is that it was committed at school and could set a bad example for other students.

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 fact that the accused has successfully completed and graduated from the Toe Afua Se Taeao Fou Programme is a mitigating feature relating to him as offender. Another mitigating feature relating to the accused as offender is his young age. His early guilty plea is also an important mitigating feature.

Discussion

10. Having considered the only aggravating feature relating to the offending as well as the mitigating features relating to the accused as offender and the quantity of marijuana involved in this matter, I have decided not to impose a custodial sentence but to give the accused the opportunity to redeem himself. But I must warn the accused that if he reoffends in the future, then he runs a serious risk of going to prison. So take advantage of this opportunity to redeem yourself whilst you are still a youth with your future before you.

Result

11. The accused is convicted and sentenced to 8 months supervision and ordered to perform 25 hours community service as directed by the probation service

CHIEF JUSTICE