Police v Lui [2018] WSSC 20 (20 February 2018)

SUPREME COURT OF SAMOA
Police v Lui [2018] WSSC 20

Case name:	Police v Lui
Citation:	[2018] WSSC 20
Decision date:	20 February 2018
Parties:	POLICE v IASONI LISILI LUI male of Vaimoso and Fagamalo and LUI SILI POPO male of Taufusi and Vaimoso.
Hearing date(s):
File number(s):	S1942/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Each is convicted and sentenced to 6 months supervision and to perform 20 hours community service as directed by the probation service.
Representation:	L Sio for prosecution Accused in person
Catchwords:	aggravating features relating to the accused as offender –aggravating features relating to the offending-Alcohol and Drugs Court (ADC) – Alcohol and Drugs Court clinician – early guilty pleas – possession of narcotics – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme
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Legislation cited:
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Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

IASONI LISILI LUI male of Vaimoso and Fagamalo and LUI SIMI POPO male of Taufusi and Vaimoso
Accused

Counsel:
L Sio for prosecution
Accused in person

Sentence: 20 February 2018

S E N T E N C E

The charges

1. You, Iasoni Lisili Lui (Iasoni) and Lui Simi Popo (Lui), appear for sentence on one charge of possession of narcotics, namely, one marijuana joint, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant s.18, and one charge of possession of seeds of a prohibited plant, namely, six marijuana seeds, contrary to s.6 (1) (b) of the Act, which carries a maximum penalty of 14 years imprisonment. To the charges, both of you pleaded guilty at the earliest opportunity.

The offending

2. The prosecution summary of facts which both of you have accepted, show that on 4 November 2017 at around 10:00pm, a police patrol found you drinking on the seawall across from the maritime school at Mulinuu. The police stopped and checked your car. They found a marijuana joint next to the gear and marijuana six seeds on the driver’s seat and the front passenger’s seat. You were then accompanied by the police to the Apia police station for further investigation.

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

3. After you pleaded guilty to the charges against you, you were referred to the Alcohol and Drugs Court (ADC) case manager for screening and to report back to this Court on the same day. The report from the ADC case manager recommended that you attend the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by supervision. You have both successfully completed that programme and have graduated with certificates of due completion.

The accused

4. Your pre-sentence report Iasoni shows that you are 30 years old, have a wife and two young children. You left school at Year 11 to take care of your sick father who passed away in 2006. You were then employed at three different jobs until 2013 when you started employment with Samoa Hirepool at Togafuafua as a panelbeater. You are still employed in that job up to now. You are also the sole breadwinner of your family.
5. Your wife told the probation service that you are a hardworking and supportive husband and she relies on you for the upkeep of your family. She has asked the probation service for the Court to have mercy on you when passing sentence. The pastor of your church and your current employer have also provided favourable written character testimonials in support of you. You have also expressed remorse to the Court. You are also a first offender
6. Your pre-sentence report Lui shows that you are 34 years old, single, and stays with your parents. You are the main breadwinner of your family. You finished school at Year 9. You have been employed in two different jobs before and in 2017 you started employment in your present job as an assistant mechanic at the Samoa Hirepool at Togafuafua. Both you and Iasoni are currently employed by the same employer.
7. Your mother told the probation service that you are a hardworking person and an active member of your youth club. Your employer has also provided a favourable character testimonial in support of yourself as a person of good character. You have also expressed remorse to the Court.
8. You have a previous conviction in 2015 for a relatively minor offence of a different kind for which you were ordered to come up for sentence within 9 months if called on to do so.

The aggravating features relating to the offending

9. The aggravating feature which is usually relevant to the seriousness of this type of offending is the quantity of marijuana substances found in an offender’s possession which in this case is minimal.

The aggravating features relating to the accused as offender

10. For you Iasoni, I give you credit for the mitigating features relating to you as offender. These are your previous good character, remorse, successful completion of the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme, and your early guilty plea.
11. For you Lui, the mitigating features relating to you as offender are your good character testimonials, remorse, successful completion of the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme, and your early guilty plea.

Discussion

12. Having regard to the quantity of marijuana substances found in your possession and the mitigating features relating to each of you as offender, a non-custodial sentence would be appreciate. But you must take advantage of this opportunity to put into practice the lessons each of you has learnt from the Toe Afua Se Taeao Fou programme in order to redeem yourself.

Result

13. Each of you is convicted and sentenced to 6 months supervision and to perform 20 hours community service as directed by the probation service.
14. Stand down.

CHIEF JUSTICE