Police v Mataafa [2017] WSSC 48 (30 May 2017)

SUPREME COURT OF SAMOA
Police v Mataafa [2017] WSSC 48

Case name:	Police v Mataafa
Citation:	[2017] WSSC 48
Decision date:	30 May 2017
Parties:	POLICE v SUITULAGA LI’O MATAAFA male of Vailele and Fagaloa.
Hearing date(s):
File number(s):	S421/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):
On appeal from:
Order:	- Convicted and sentenced to 6 months supervision with the special condition that he is to perform 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:
SUITULAGA LI’O MATAAFA male of Vailele and Fagaloa.

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 accepted by the accused shows that at around 7:00pm in the evening of 24 February 2017, the accused was heavily intoxicated on the main road at Vailele. The police officers who were in a police vehicle that passed by saw the accused in his intoxicated state. So the police vehicle stopped and one of the police officers saw the accused holding a marijuana joint wrapped in a foil. The accused was then brought to the Apia police station for further investigation.

The seven 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 ADC clinician for an assessment and a report. Following the assessment and report by the ADC clinician, the accused was referred to the 7 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The accused has successfully completed all seven sessions of that programme and graduated with a certificate of due completion
4. The report from the programme facilitator shows that the accused has been an active participant in the programme and has demonstrated insight into substance use and the significant effects it has had not only on himself but also on his family and his relationship with other people. The programme facilitator also reports that the accused seems committed to the goals he has set for himself during the programme and he (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 changes he has made to his lifestyle. The accused told the programme facilitator that he has not touched marijuana again since this offending.

The accused

5. As shown from the pre-sentence report, the accused is 49 years old and married with four children. He finished school at Year 12 and then stayed home rendering service to his family. Somehow, he acquired and developed skills as an electrician which earns some money for his family when he does electrical jobs. However, his family’s main source of income is their plantation.
6. The accused also told the probation service that he used to smoke marijuana until he got married when he stopped. This is consistent with what the accused’s wife told the probation service that she has never known her husband to consume marijuana. She has also sought mercy on her husband through the probation service.
7. The accused is also a first offender and has expressed remorse to the Court.

Discussion

8. Given the small quantity of marijuana found on the accused, his good report from the facilitator of the 7 week Toe Afua Se Taeao Fou programme which the accused has successfully completed, his early guilty plea, and his personal circumstances set out in the pre-sentence report, I have decided to impose a non-custodial sentence.

Result

9. The accused is convicted and sentenced to 6 months supervision with the special condition that he is to perform 20 hours community service.

CHIEF JUSTICE