Police v Lam Chang [2018] WSSC 93 (21 August 2018)

SUPREME COURT OF SAMOA
Police v Lam Chang [2018] WSSC 93

Case name:	Police v Lam Chang
Citation:	[2018] WSSC 93
Decision date:	21 August 2018
Parties:	POLICE v LEWIS TOMASI FOLENI LAM CHANG
Hearing date(s):
File number(s):	S902/18
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Discharged without conviction but ordered to complete his one remaining session of the Toe Afua Se Taeao Fou programme before the end of September 2018 and then to perform 60 hours community service as directed by the probation service.
Representation:	L Sua-Mailo for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court – aggravating features relating to the offending – aggravating features relating to the defendant as offender –discharged without conviction – pleaded guilty at the earliest opportunity – rehabilitation programme
Words and phrases:
Legislation cited:	Narcotics Act 1967 ss7&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

LEWIS TOMASI FOLENI LAM CHANG male of Vaivase-tai and Vaoala.
Prosecution

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 21 August 2018

S E N T E N C E

The charge

1. The defendant 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 summary of facts, on 11 May 2018 at around 1:00pm at the National University of Samoa (NUS), a security officer on duty came across the defendant sitting inside the university kitchen. He told the defendant that he was not allowed inside the kitchen but the defendant did not respond. The security officer then asked the defendant if he has marijuana on him and the defendant handed the security officer a half marijuana joint. The matter was later reported to the police.

The accused

3. After the defendant pleaded guilty to the charge, he was referred to the Alcohol and Drugs Court (ADC) case manager for screening. The case manager recommended that the defendant be referred to attend the 7 week ADC Toe Afua Se Taeao Fou rehabilitation programme. Due to health issues, the defendant has completed only six of the seven sessions of that programme. The ADC case manager has recommended that the accused completes his seven sessions.
4. As shown from the pre-sentence report, the defendant is 17 years old and enrolled in the NUS preparatory year at the beginning of this year (2018) after graduating from Avele College. He is pursuing a Foundation Certificate in Arts. There is no character testimonial for the defendant as the probation service have visited the defendant’s home three times but found no family member at home. The defendant is a first offender.
5. The defendant told the probation service that he purchased the half marijuana joint at the Savalalo flea market from someone who was selling marijuana. He then took the marijuana with him to the campus of the NUS.

The aggravating features relating to the offending

6. The only aggravating feature relating to this offending is the place where the defendant was found with the marijuana. The campus of the NUS is no place for a student to be in possession of marijuana. Students are not supposed to smoke marijuana at school or at a university campus. It is not clear from the pre-sentence report whether the university has made a decision on the defendant being able to continue at the university given his offending.

Mitigating features relating to the defendant as offender

7. The mitigating features relating to the defendant as offender are: (a) his young age, (b) the fact he is a student, (c) attendance at the Toe Afua Se Taeao Fou rehabilitation programme, (d) early guilty plea which is a sign of remorse.

Discussion

8. I have given careful consideration to the circumstances of this case. The defendant is still a youth and a university student. His academic studies may be in jeopardy if a conviction is entered against him. This is also likely to impact on his future life. But he was in possession of a half marijuana joint. His early guilty plea to the charge against him suggests remorse.
9. Having weighed all these matters, I have decided to accept the recommendation by the probation service for the accused to be discharged without conviction but ordered to complete his one remaining session of the Toe Afua Se Taeao Fou programme to be followed by community service. I must, however, warn the defendant that if he reoffends in the future, then even if he is still a student, the Court will not show the same leniency to him again. So it is in his own interests not to reoffend.

Result

10. The accused is discharged without conviction but ordered to complete his one remaining session of the Toe Afua Se Taeao Fou programme before the end of September 2018 and then to perform 60 hours community service as directed by the probation service.

CHIEF JUSTICE