Police v Epa [2017] WSSC 25 (13 April 2017)

SUPREME COURT OF SAMOA
Police v Epa [2017] WSSC 25

Case name:	Police v Epa
Citation:	[2017] WSSC 25
Decision date:	13 April 2017
Parties:	POLICE v MALO EPA male of Alamagoto and Vaimoso.
Hearing date(s):	19/12/2016, 13/3/2017, 16/3/2017, 11/4/2017
File number(s):	S3006/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 6 months supervision.
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court – clinician – possession of narcotics – Toe Afua Se Taeao psycho-education Alcohol and Drugs Programme – programme facilitator
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: S3006/16

BETWEEN

P O L I C E

Prosecution

A N D

MALO EPA male of Alamagoto and Vaimoso

Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 13 April 2017

S EN T E N C E

1. The accused Malo Epa, a 31 year old male of Alamagoto and Vaimoso, appears for sentence on one charge of possession of narcotics, namely, a small marijuana branch weighing 0.2 grams, contrary to s.7 of Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18. To the charge, he pleaded guilty at the earliest opportunity.
2. The prosecution’s summary of facts which was confirmed by the accused shows that on 10 December 2016 the police stopped the accused’s taxi as the accused was suspected of being under the influence of alcohol. The accused was then taken to Apia police station where his taxi was searched by the police. A small marijuana branch was found behind the steering wheel above the meter panel. The accused admitted the marijuana branch was for his own use.
3. After the accused entered his guilty plea to the charge he was referred to the Alcohol and Drugs Court (ADC) clinician for an assessment and to report back to this Court. The report from the ADC clinician recommended that the accused be referred to the six week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The accused has attended and completed this programme and has been issued with a certificate of due completion. The report from the programme facilitator shows that the programme has been useful to the accused who reported to have abstained from alcohol and marijuana consumption for two months.
4. In the circumstances, I have decided that a term of supervision will be beneficial for the accused. He is therefore convicted and sentenced to 6 months supervision.

CHIEF JUSTICE