Police v Tuese [2018] WSSC 8 (30 January 2018)

SUPREME COURT OF SAMOA
Police v Tuese [2018] WSSC 8

Case name:	Police v Tuese
Citation:	[2018] WSSC 8
Decision date:	30 January 2018
Parties:	POLICE v LOAMU TUESE male of Vaitele-uta, Iva and Sagone.
Hearing date(s):
File number(s):	S30/17
Jurisdiction:	Crimnal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	Convicted and sentenced to 12 months supervision. He is also ordered to perform 60 hours of community service as directed by the probation service.
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	Alcohol and Drug Court (ADC) – ADC clinician – Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs programme –
Words and phrases:
Legislation cited:	Narcotics Act 1967, s.7 & s.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

LOAMU TUESE male of Vaitele-uta, Iva and Sagone.
Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 30 January 2018

S E N T E N C E

The charge

2. 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. Initially, he pleaded guilty to the charge but on the date of hearing he vacated his not guilty plea and entered a guilty plea.

The offending

3. According to the prosecution summary of facts accepted by the accused, on Friday night 23 December 2017 at around 9:00am, someone reported to the police that the accused who works at a block at the Savalalo Flea Market was in possession of a black handbag which contained marijuana. The police went to the Savalalo Flea Market and found the accused. When the police opened his handbag they found six small packets of marijuana weighing 12.2 grams. This was estimated to produce seventeen marijuana joints.

The Alcohol and Drugs Court (ADC)

4. After the accused had vacated his not guilty plea to one of guilty on the date of hearing, he was referred to the ADC clinician for screening. The clinician recommended that the accused be referred to attend the 8 week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs programme to be followed by supervision. The accused has successfully attended and completed that programme and has graduated with a certificate of due completion.

The accused

5. The accused is a 38 year old male married with four children. He works at a block at the Savalalo Flea Market. He finished school at Year 12 and then stayed home and worked on his family’s plantation. Since 2016, he has been working at a block at the Savalalo Flea Market.
6. The accused’s wife told the probation service that her husband is a supportive and loving husband and is the sole breadwinner for their family. The accused is a first offender.
7. The accused has been a user of marijuana.

The aggravating features relating to the offending

8. The only aggravating feature relating to this offending is the quantity of marijuana substances found in the accused’s possession.

The mitigating features relating to the accused as offender

9. The only mitigating features relating to the accused as offender are ; (a) the fact that he has successfully completed the 8 week Toe Afua Se Taeao Fou programme and graduated with a certificate of due completion and (b) his belated guilty plea which would give him limited credit.

Discussion

10. Having considered the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided to impose a term of supervision.

Result

11. The accused is convicted and sentenced to 12 months supervision. He is also ordered to perform 60 hours of community service as directed by the probation service.

CHIEF JUSTICE