Police v Arona [2017] WSSC 47 (30 May 2017)

SURPEME COURT OF SAMOA
Police v Arona [2017] WSSC 47

Case name:	Police v Arona
Citation:	[2017] WSSC 47
Decision date:	30 May 2017
Parties:	POLICE v SOFENI ARONA male of Vaitele-uta and Safotu.
Hearing date(s):
File number(s):	S433/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and fined $150 to be payable by 2:00pm tomorrow afternoon in default 6 months supervision plus 20 hours community 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 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:
SOFENI ARONA male of Vaitele-uta and Safotu.

Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 30 May 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 under s.18. To the charge, he pleaded guilty at the earliest opportunity.

The offending

2. The prosecution’s summary of facts which was accepted by the accused shows that the police were attending a different matter at the Maota Samoa petrol station at Vaitele-uta when they saw the accused who was standing at the petrol station sniffing a small plastic packet he was holding in his hand. The accused then quickly put the plastic packet in his backpack and moved away. The police who became suspicious approached the accused and informed him that he will be searched on suspicion of marijuana in his possession. The police search found a small plastic packet of dry marijuana leaves inside the accused’s backpack. The marijuana was later weighed and its weight was 0.9 grams.

The 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme

3. After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) clinician for an assessment and a report. The report from the ADC clinician recommended that the accused be referred to the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The Court accepted the recommendation.
4. The report from the programme facilitator shows that the accused has successfully completed all seven sessions of the programme and has graduated with a certificate of due completion. The report from the programme facilitator also shows that the accused was an active participant in the programme and has demonstrated insight into substance use and its significant effects not only on himself but also on his family and his relationship with other people. The accused has also appeared committed to maintaining the goals he has set for himself during the programme and the programme facilitator is confident that the accused will continue to utilise the strategies and skills he has learnt from the programme to support the current changes he has made to his lifestyle.

The accused

5. The pre-sentence report shows that the accused the accused is 22 years old, single, and a sailor by profession. He attended the Maritime Training School of the National University of Samoa for one year and then found employment as a sailor on a container ship that sails around the Pacific. His family must be dependent on his income as a sailor He is currently back home for a break from his work but will have to resume his sailing duties on 18 June 2017.
6. The accused is a first offender and the good character testimonials from his mother, the pastor of his church, and the pulenuu of his village all show that the accused had been a person of good character prior to the commission of this offence.
7. The accused has also expressed remorse to the Court and has pleaded guilty to the charge against him at the earliest opportunity.

Discussion

8. After giving careful consideration to the circumstances of this matter and the fact that the accused has to resume his duties as a sailor on a container ship on 18 June 2017, I have decided to impose a monetary fine.

Result

9. The accused is convicted and fined $150 to be payable by 2:00pm tomorrow afternoon in default 6 months supervision plus 20 hours community service.

CHIEF JUSTICE