Police v Pene [2018] WSSC 64 (3 May 2018)

SUPREME COURT OF SAMOA
Police v Pene [2018] WSSC 64

Case name:	Police v Pene
Citation:	[2018] WSSC 64
Decision date:	3 May 2018
Parties:	POLICE v KALIFA PENE male of Vaimoso and Lepea.
Hearing date(s):
File number(s):	S309/18
Jurisdiction:
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 7 months supervision and ordered to perform 20 hours community service.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	Alcohol and Drug Court (ADC) – ADC clinician – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme – mitigating factors relating to the accused as offender
Words and phrases:	Alcohol and Drug Court (ADC)
Legislation cited:	Narcotics Act 1967, s.7, s18
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

KALIFA PENE male of Vaimoso and Lepea.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 3 May 2018

S E N 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 penalty of 14 years imprisonment pursuant to s.18. To the charge, he pleaded guilty at the earliest opportunity.

The offending

2. According to the prosecution’s summary of facts confirmed by the accused, on 8 January 2018 during the curfew of the village of Vaimoso, the pulenuu who was leading the curfew saw the accused walking along the road. He stopped the accused on suspicion that he was in possession of marijuana. As the pulenuu was talking to the accused, the latter pulled a small plastic bag out of the pocket of his shorts and dropped it on the ground and stepped on it. One of the men who was with the pulenuu to enforce the curfew told the accused to step away from where he was standing which he did. The pulenuu then picked up the small plastic bag which was found to contain loose marijuana leaves. The accused was then brought to the Apia police station where he was interviewed by the police. The loose marijuana leaves found on the accused was estimated to yield two joints.

• The Alcohol and Drugs Programme
  3. After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drug Court (ADC) case manager for screening and to report back to the Court. The report from 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 attended and successfully completed that programme and has graduated with a certificate of due completion.

The accused

4. The pre-sentence report on the accused shows that he is 25 years old, single, and currently employed at the Comptech company at Nuu. He finished school at Year 11. He then found employment as a carpenter and then as a shop assistant before he was employed in his present job. The accused’s father told the probation service that the accused is obedient and hardworking. He is also committed to the village church choir and youth group. As a result of this matter, the accused was penalised by the village council of Vaimoso and he provided a large fine mat and paid $200 for his penalty. The accused and his father also apologised to the village and the apology was accepted.
5. The accused told the probation service that he started smoking marijuana three years ago due to peer pressure. He bought the marijuana found on him from a stranger for $10.

The mitigating factors relating to the accused as offender

6. The mitigating factors relating to the accused as offender are as follows:
   • (a) good aspects of his character as noted in the pre-sentence report,
   • (b) apology to the village which was accepted,
   • (c) penalty imposed by the village,
   • (d) successful completion of the Alcohol and Drugs Programme,
   • (e) early guilty plea.

Discussion

7. Given the small quantity of marijuana substances found in the accused’s possession and the mitigating factors relating to the accused as offender, I have decided to impose a non-custodial sentence.

Result

8. The accused is convicted and sentenced to 7 months supervision and ordered to perform 20 hours community service.

CHIEF JUSTICE