Police v Leautuli [2017] WSSC 43 (24 May 2017)

SUPREME COURT OF SAMOA
Police v Leautuli [2017] WSSC 43

Case name:	Police v Leautuli
Citation:	[2017] WSSC 43
Decision date:	24 May 2017
Parties:	POLICE v CURTJAN JAKOBUS LEAUTULI male of Salelavalu
Hearing date(s):
File number(s):	S602/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:
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

BETWEEN:

P O L I C E
Prosecution

A N D:
CURTJAN JAKOBUS LEAUTULI male of Salelavalu
Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 24 May 2017

S E N T E N C E

The charges

1. The accused appears for sentence on one charge of possession of narcotics, namely, one marijuana joint and marijuana leaves, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18 and one charge of possession of narcotics, namely, marijuana seeds, contrary to s.7 of the Act, which carries a maximum penalty of 14 years, pursuant to s.18. To both charges, the accused pleaded guilty at the earliest opportunity.

The offending

2. Around 3:30pm in the afternoon of 31 March 2017, the accused was watching a rugby game at the Leulumoega Fou College when he was seen by someone smoking marijuana. The police were informed and when they arrived at the scene they found the accused. The police then body-searched the accused and found on him one marijuana joint, thirty two marijuana seeds wrapped in a brown piece of paper, and marijuana leaves which were later found to weigh 0.4grams.

The Alcohol and Drugs Court (ADC)

3. After the accused pleaded guilty to the charges against him, he was referred to the ADC clinician for an assessment. The report from the ADC clinician recommended that the accused be referred to the probation service with the condition that he attends the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by supervision.

The accused

4. The pre-sentence report shows that the accused completed Leulumoega Fou College at Year 13. He then enrolled in the Leulumoega Fou School of Fine Arts where his now in his second year studying towards a Diploma in Fine Arts which is a three year course. The testimonial from the principal of the School of Fine Arts shows the accused to be a well-behaved and obedient student and very talented in fine arts.
5. The testimonial from the pastor of the accused’s church and the pulenuu of his village speak highly of the accused’s character. The accused’s mother also told the probation service that her son is a hardworking, reliable and loving person within their family. She seeks mercy from the Court for her son. The accused has also expressed remorse. He is a first offender.
6. It also appears from the pre-sentence report that the accused started smoking marijuana due to peer pressure.

Mitigating features relating to the accused as offender

7. The mitigating features relating to the accused as offender are his young age, the fact that he is still a student and very talented in fine arts, his first offender status and the fact that he had been a person of good character prior to the commission of these offences, his expression of remorse, and his guilty plea to the charges against him at the earliest opportunity.

Discussion

8. The accused is still at a young age and is in his second year in the School of Fine Arts. He has been shown to be a very talented student. The amount of marijuana with which he has been charged is also not substantial. Together with the other mitigating features relating to him as offender, I consider that a term of community supervision and attendance to the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme would be beneficial for him. But I must warn the accused to refrain from marijuana consumption for if he does not and he appears before the Court again he may end up in prison.

Result

9. The accused is convicted and sentenced to 8 months community supervision with the conditions that he attends the 7 week Toe Afua Se Taeao Fou Alcohol and Drugs Programmed and performs 35 hours of community service.

CHIEF JUSTICE