Police v Omeri [2018] WSSC 57 (24 April 2018)

SUPREME COURT OF SAMOA
Police v Omeri [2018] WSSC 57

Case name:	Police v Omeri
Citation:	[2018] WSSC 57
Decision date:	24 April 2018
Parties:	POLICE v SOFARA OMERI male of Vaegā, Satupaitea.
Hearing date(s):	23 April 2018
File number(s):	S147/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	-
Representation:	L Mamaia for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) – screening – 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:

SOFARA OMERI male of Vaegā, Satupaitea.
Prosecution

Counsel:
L Mamaia for prosecution
Accused in person

Sentence: 24 April 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. To the charge, he pleaded guilty at the earliest opportunity.

The offending

2. The prosecution’s summary of facts which is accepted by the accused shows that on 1 February 2018 at around 5:00pm some police officers were having a get together at one of the bars in Apia. They felt a smell of marijuana inside the bar and started looking for where the smell of marijuana was coming from. At the back of the bar, they found the accused smoking a marijuana joint. The police asked the accused to hand over his marijuana joint which he did. The accused was then taken to Apia police station where he admitted to the police that he had marijuana in his bag which was at his work place which is next to the bar where the police found him smoking marijuana. The police went to the accused’s work place and located the accused’s bag which contained a small marijuana branch with leaves estimated to produce two marijuana joints. In total, the accused was in possession of marijuana substances equivalent to three marijuana joints.

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 case manager for screening. The case manager recommended that the accused be referred to the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme. The accused has successfully completed that programme and has graduated with a certificate of due completion.

The accused

4. The accused is 21 years old, single, and presently employed as a chef at a pizza place in Apia. He is a first offender.

The aggravating features relating to the offending

5. There is no aggravating feature relating to the offending.

The mitigating features relating to the accused as offender

6. The mitigating features relating to the accused as offender are his relatively young age, his successful completion of the 8 week Toe Afua Se Taeao Fou programme, and his early guilty plea. The fact that the accused is a first offender is neutral.
7. Having regard to the quantity of marijuana found in the accused’s possession and the mitigating features relating to him as offender, I have decided to impose a sentence of supervision.

Result

8. The accused is convicted and sentenced to 8 months supervision and ordered to perform 30 hours community service.

Stand down.

CHIEF JUSTICE