Police v Apa [2017] WSSC 24 (12 April 2017)

SUPREME COURT OF SAMOA
Police v Apa [2017] WSSC 24

Case name:	Police v Apa
Citation:	[2017] WSSC 24
Decision date:	12 April 2017
Parties:	POLICE v AILAO FAASAO APA male of Vaitele-Fou and Moataa.
Hearing dates:	16/01/2017, 06/03/2017, 11/04/2017
File number(s):	S3018/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- In all the circumstances, I have decided to sentence the accused to 6 months supervision as suggested by counsel for the prosecution on the special condition that he further attends the alcohol and drugs programme recommended by the probation service in the pre-sentence report
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court – clinician – possession of narcotics – programme facilitator – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs 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

File Number: S3018/16

BETWEEN

P O L I C E

Prosecution

A N D
AILAO FAASAO APA male of Vaitele-fou and Moataa.

Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 12 April 2017

S EN T E N C E

The charge

• The accused is a 32 year old male of Vaitele-Fou and Moataa. He was jointly charged with a co-accused with one count 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 opportunity.

The offending

• For present purposes, on Christmas Day 2016 around 8:30ppm at night, the police received information from an informer that the accused and his co-accused were seen at Vaitele in possession of marijuana. The police went to Vaitele and found the accused and his co-accused. After informing the accused and his co-accused that they will be searched on suspicion of marijuana, the police body searched the suspects. The police found on the accused loose marijuana leaves which would yield just less than one marijuana joint.

The accused

• The accused completed secondary school before taking up a course in carpentry at the Samoa Polytechnic. He then assisted his father in his carpentry works before being employed by a construction company from 2001 to 2003. He later found employment as a security officer and he is still employed as such up to now. He is married with a four year old son and is the sole breadwinner for his family.
• The accused is also a first offender. The testimonial given by the accused’s wife to the probation service shows that the accused has been a person of good character prior to the commission of this officer. He also pleaded guilty to the charge against him at the earliest opportunity.
• The accused has also attended and completed the six week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme as ordered by the Court he has been issued with a certificate of due completion. The report from the facilitator of the six week Toe Afua Se Taeao Fou Programme shows that the accused has abstained from alcohol and drugs for three months.

Result

• In all the circumstances, I have decided to sentence the accused to 6 months supervision as suggested by counsel for the prosecution on the special condition that he further attends the alcohol and drugs programme recommended by the probation service in the pre-sentence report.

CHIEF JUSTICE