Police v Ameko [2017] WSSC 30 (24 April 2017)

SUPREME COURT OF SAMOA
Police v Ameko [2017] WSSC 30

Case name:	Police v Ameko
Citation:	[2017] WSSC 30
Decision date:	24 April 2017
Parties:	POLICE v JUNIOR AMEKO male of Moamoa and Safotu
Hearing date(s):
File number(s):
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 is also ordered to perform 20 hours of community service as directed by the probation service. -
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 1967s.7
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINU’U

BETWEEN

P O L I C E

Prosecution

A N D

JUNIOR AMEKO male of Moamoa and Safotu

Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 24 April 2017

SENTENCE BY SAPOLU CJ

The charge

1. The accused appears for sentence on one charge of possession of narcotics, namely, two marijuana joints, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment under s.18. He pleaded guilty to the charge at the earliest opportunity.

The offending

2. As shown from the prosecution’s summary of facts confirmed by the accused, on 21 February 2017, the police received a call from an informer that the accused was selling marijuana in front of a shop at Moamoa. When the police attended the call, they found the accused sitting on a rock near the shop. When the police questioned the accused about what he was doing, he admitted that he was in possession of two marijuana joints. The police then searched the accused and found two marijuana joints inside one of the pockets of his black shorts.

The Alcohol and Drugs Court (ADC)

3. After the accused had pleaded guilty to the charge, he was referred to the ADC clinician for an assessment and to report back to this Court. In the report from the clinician, it is recommended that the accused be referred to the probation service with the condition that he attends the 6 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by a term of supervision.
4. The accused has attended and completed the said Toe Afoa Se Taeao Fou programme and he has been issued with a certificate of due completion. The report from the programme facilitator shows that the accused has been an active participant in the programme and has demonstrated insight into his own substance use and the significant effects it has had not only on himself but also his family and his relationship with other people. The accused, has also reported to the programme facilitator that he has not touched marijuana for the last seven weeks. The programme facilitator is confident that the accused will continue to use the strategies and skills he has learnt from the programme to support the current change he has made to his lifestyle.

The accused

5. As shown from the pre-sentence report, the accused is 20 years old, single, and presently unemployed but stays at home and perform domestic chores for his family. He is also the youngest of his parents’ eight children and is regarded as the baby of the family.
6. When the accused finished secondary school, he was enrolled as a student at the Faculty of Education of the National University of Samoa: After one year, he changed his mind and attended the Tesese Institute for computer courses for one year.
7. The accused’s older brother told the probation service that the accused is a good person. He has also been selected in his village under 21 rugby team. The accused is also a first offender.
8. In relation to the offending, the accused told the probation service that he was hanging around and swimming in a river with his village mates. They were smoking marijuana while swimming. He asked his mates where they got the marijuana from and was given the marijuana dealer’s phone number. The next day he contacted the marijuana dealer and bought two marijuana joints from him for $5.00 each. Those were the marijuana joints found by the police on him. The accused also told the probation service that the marijuana found by the police on him were for his own consumption and were not intended for any commercial purpose.
9. The accused has expressed remorse to the probation service and, according to the pre-sentence report, he is truly remorseful of his actions and he also told the probation service that the Toe Afua Se Taeao programme he attended has been very helpful for him. The accused has also expressed remorse to the Court.

Discussion

10. Having considered to the quantity of marijuana substances found on the accused, his young age, his first offender status, his expression of remorse to the probation service and to the Court, and the good report of the accused from the Toe Afua Se Taeao Fou programme facilitator, I have decided to give the accused a second chance to redeem himself and to turn a new leaf in his life and to continue with the lessons he has learnt from the said programme. But I must also warn the accused that he may not get the same chance again if he commits another narcotic offence in the future.

Result

11. The accused is convicted and sentenced to 7 months supervision and is also ordered to perform 20 hours of community service as directed by the probation service.

CHIEF JUSTICE