Police v Saua [2017] WSSC 99 (11 July 2017)

SUPREME COURT OF SAMOA
Police v Saua [2017] WSSC 99

Case name:	Police v Saua
Citation:	[2017] WSSC 99
Decision date:	11 July 2017
Parties:	POLICE v TAVITA SAUA male of Satupaitea, Safotu and Manase.
Hearing date(s):	11 July 2017
File number(s):	S626/17
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 with the special condition that he is to perform 30 hours community service as directed by the probation service.
Representation:	F 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

TAVITA SAUA male of Satupaitea, Safotu and Manase.
Accused

Counsel:
F O Tagaloa for prosecution
Accused in person

Sentence: 11 July 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 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 confirmed by the accused, shows that on 7 April 2017 at around 11:30am, the accused was at the Mulifanua wharf waiting for the ferry for Salelologa. He went around asking some of the young men on the wharf if anyone has marijuana. One of the young men that the accused asked for marijuana was a plain clothes police officer. Shortly afterwards, this police officer saw the accused being given marijuana by another young man. When the police officer approached the accused, he ran away but was caught by another officer. The accused was searched by the police and two marijuana joints were found on him. These joints weighed 0.8 grams.

The Alcohol and Drugs Court

3. After the accused had pleaded guilty to the charge, he was referred to the Alcohol and Drugs Court (ADC) clinician for screening and an assessment. The report from the ADC clinician recommended that the accused be referred back for a further assessment and possible consideration by the ADC at a determination hearing. The accused was referred back to the clinician for a further assessment and from there he was later transferred to the ADC for a determination hearing. At that determination hearing, the ADC referred the accused to attend the seven weeks Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The accused has successfully completed the Toe Afua Se Taeao Fou programme and has graduated with a certificate of due completion.
4. The report from the programme facilitator shows that the accused was an active participant in the programme and had demonstrated insight into substance use and its effects not only on himself but also his family and his relationship with others. The accused also told the programme facilitator that he has not touched narcotics since he was charged with his present offence. The programme facilitator has also expressed confidence that the accused is committed to the goals he has set for himself during the programme and 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. As shown from the pre-sentence report, the accused is 27 years old and married with one child. He finished school at Year 8. He then stayed home and helped his father with their family’s plantation. Since this offending, he has relocated with his wife to his wife’s family at Safotu. They depend on the cattle farm and plantation of his wife’s family as a source of income.
6. The accused’s wife supports him in this matter and she is seeking leniency on her husband. She told the probation service that the accused is the sole provider for her and her young child. As a result of this offending, the accused was banished from his village of Manase and his family penalised. That is why the accused has relocated to his wife’s family at Safotu.

Mitigating features relating to the accused as offender

7. The mitigating features relating to the accused as offender are as follows: (a) the accused has been banished from his village which means he has already incurred punishment for his offending, (b) his family has also been penalised by the village council of Manase and they have already paid the penalty, (c) the accused has successfully completed the seven weeks Toe Afua Se Taeao Fou programme, and (d) his early guilty plea.

Discussion

8. Having regard to the quantity of marijuana with which the accused has been charged and the mitigating features relating to the accused as offender, I have decided not to impose a custodial sentence. At the same time, I must warn the accused not to commit any further narcotic offence in case he goes to prison if that happens again and there will be no one to support his wife and children. The best thing for the accused to do is to continue with the strategies and skills he has learnt from the Toe Afua Se Taeao Fou programme to support the current changes he has made to his lifestyle.

Result

9. The accused is convicted and sentenced to 7 months supervision with the special condition that he is to perform 30 hours community service as directed by the probation service.

CHIEF JUSTICE