Police v Calango [2018] WSSC 31 (8 March 2018)

SUPREME COURT OF SAMOA
Police v Calango [2018] WSSC 31

Case name:	Police v Calango
Citation:	[2018] WSSC 31
Decision date:	8 March 2018
Parties:	POLICE v FRANCIS IEREMIA CALANGO male of Vaimoso and Vaitele-uta.
Hearing date(s):	27 November 2017
File number(s):	S1707/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted of all the charges against you and sentenced to 10 months supervision and ordered to perform 80 hours community service as directed by the probation service
Representation:	L Sio for prosecution Accused in person
Catchwords:	aggravating features relating to the offending – excessive influence of alcohol in breath whilst driving – mitigating features relating to you as offender – possession of narcotics – possession of a utensil –pleaded guilty at the earliest opportunity – speeding, pleaded guilty at the earliest opportunity – Toe Afua Se Taeao Fou programme of the Alcohol and Drugs Court –
Words and phrases:
Legislation cited:	Narcotics Act 1967, s.7, s.18; s.13 (b) Road Traffic (Breathalyzer) Amendment Act 2009, s.40 (1), s.40 (5)
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

FRANCIS IEREMIA CALANGO male of Vaimoso and Vaitele-uta.
Prosecution

Counsel:
L Sio for prosecution
Accused in person

Sentence: 8 March 2018

S E N T E N C E

The charges

1. Francis Ieremia Calango, you appear for sentence on the following charges:

(a) one count of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18;

(b) one count of possession of a utensil, contrary to s.13 (b) of the Act, which carries a maximum penalty of 7 years imprisonment or a fine of up to 200 penalty units; and
(c) one count of excessive influence of alcohol in breath whilst driving, contrary to s.40 (1) of the Road Traffic (Breathalyzer) Amendment Act 2009, which carries a maximum penalty of 5 years imprisonment under s.40 (5).

2. To the above charges, you pleaded guilty at the earliest opportunity.

The offending

3. The prosecution’s summary of facts which you accepted, shows that at Vaitele-uta on 14 October 2017 at around 2:00pm, you were driving a motor vehicle on Talimatau Road. You were also speeding and could not control your vehicle which swerved on the road and hit a vehicle coming from the other direction. The police arrived on the scene and conducted a search of your vehicle. They found inside your vehicle a utensil used for smoking marijuana and a small plastic bag containing marijuana substances including marijuana leaves estimated to produce three joints. You were then brought to the Apia police station where you were given a breathalyzer test. It was found that the proportion of alcohol in your breath was 119 micrograms which exceeds the 40 micrograms limit.
4. The pre-sentence report shows that you told the probation service that you had been drinking a small bottle of Niu Vodka. When you woke up in the morning, you drove your vehicle to pay for your bonus at Vailoa and Vaitele and that was when this incident occurred.

The accused

5. As the pres-sentence report shows, you are 29 years of age and you have a wife and six children from the age of 3 months to 9 years. You work at your father’s mechanic workshop and you are the sole breadwinner for your wife and children. You completed school in New Zealand at Year 13 and then moved to Samoa in 2006.
6. Your pre-sentence report also shows that you started drinking alcohol in 2005 because of peer pressure and you started smoking marijuana in 2010.
7. Your father told the probation service that you are hardworking, obedient and reliable. You are also a loving father to your wife and children. So there are good aspects to your character. You are also a first offender. You have also expressed deep remorse to the probation service and to the Court.
8. You have also attended and successfully completed the 8 week Toe Afua Se Taeao Fou programme of the Alcohol and Drugs Court (ADC) and graduated with a certificate of due completion.

The aggravating features relating to the offending

9. The aggravating features relating to your offending are: (a) the quantity of marijuana substances found in your possession, (b) drinking whilst driving a motor vehicle, (c) being intoxicated whilst driving, and (d) excessive alcohol content in your body.

The mitigating features relating to the accused as offender

10. The mitigating features relating to you as offender are as follows, (a) good aspects of your character as related by your father to the probation service, (b) remorse, (c) successful completion of the ADC 8 week Toe Afua Se Taeao Fou programme, and (d) guilty plea at the earliest opportunity.

Discussion

11. Having given careful consideration to the aggravating features relating to your offending and the mitigating features relating to you as offender, I have decided to impose a non-custodial sentence. I am also conscious that you spent two weeks in custody in relation to this matter.

Result

12. You are convicted of all the charges against you and sentenced to 10 months supervision and ordered to perform 80 hours community service as directed by the probation service.

CHIEF JUSTICE