Police v Lole [2018] WSSC 56 (23 April 2018)

SUPREME COURT OF SAMOA
Police v Lole [2018] WSSC 56

Case name:	Police v Lole
Citation:	[2018] WSSC 56
Decision date:	23 April 2018
Parties:	POLICE v SIONA LOLE male of Fagaee and Fasitoouta.
Hearing date(s):	23 April 2018
File number(s):	S158/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	-
Representation:	F Ioane for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) – ADC clinician – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme – mitigating features relating to the accused as offender –pleaded guilty at the earliest opportunity
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

SIONA LOLE male of Fagaee and Fasitoouta.
Prosecution

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 23April 2018

S E N T E N C E

The charges

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 pursuant to s.18. On 26 February 2018, the accused pleaded guilty to the charge at the earliest opportunity.

The offending

2. According to the prosecution summary of facts which has been accepted by the accused, on 17 January 2018 the police who were on road traffic duty caught the accused twice obstructing the road. The accused was then taken by the police to the Apia police station where he was body-searched following normal police procedure. A wallet containing a small quantity of marijuana leaves was found on the accused. These leaves weighed 0.9 grams and were estimated to produce one marijuana joint.

The Alcohol and Drugs Court (ADC) Programme

3. After the accused had pleaded guilty to the charge against him, he was referred to the ADC clinician for screening. The clinician recommended that the accused attends the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme to be followed by supervision. The accused has attended and successfully completed that programme and has graduated with a certificate of due completion.

The accused

4. The pre-sentence report shows that the accused is 42 years of age and married with five children. He was born and grew up in Savaii. He is presently employed as a bus driver in Upolu. From his wages, he sends money each week to his wife in Savaii for the upkeep of their family.
5. The accused had a low level of education having attended primary school in Savaii. He left school when he reached secondary level to assist his parents. He held various manual jobs until 1995 when he went to American Samoa and worked there as a bus driver. He returned to Samoa in 2001 and worked for a company before he was again employed as a bus driver since 2013.
6. The oral testimonial given by the accused’s sister to the probation service shows that the accused is a good and reliable person within his family. The written testimonial from the pulenu’u of the accused’s village of Samata i Uta in Savaii shows the accused serves his family and village well and is a person of good character. The accused has also expressed remorse to the probation service and to the Court. The accused informed the probation service that he is not a drug user and that the marijuana substances found on him by the police were given to him by a passenger who came on his bus.
7. The accused has a previous conviction in 2013 for driving an unlicensed vehicle which belongs to his current employer.

The aggravating features relating to the offending

8. There is no aggravating feature relating to this offending.

The aggravating features relating to the accused as offender

9. I would give very little weight to the accused’s previous conviction for driving an unlicensed vehicle which belongs to his current employer. In any event, it is of a different kind from the offence the accused is now appearing for sentence.

The mitigating features relating to the accused as offender

10. The mitigating features relating to the accused as offender are as follows:
    • (a) good character testimonials,
    • (b) remorse,
    • (c) successful completion of the 8 week Toe Afua Se Taeao Fou programme,
    • (d) early guilty plea.

Discussion

11. Having regard to the small quantity of marijuana substances found in the accused’s possession and the mitigating features relating to the accused as offender, a custodial sentence would not be appropriate in this case.

Result

12. The accused is convicted and sentenced to 6 months supervision and ordered to perform 20 hours community service.

Stand down

CHIEF JUSTICE