Police v Lauti [2018] WSSC 97 (1 October 2018)

SUPREME COURT OF SAMOA
Police v Lauti [2018] WSSC 97

Case name:	Police v Lauti
Citation:	[2018] WSSC 97
Decision date:	01 October 2018
Parties:	POLICE v DANIEL LAUTI male of Palisi and Sataoa, Safata.
Hearing date(s):
File number(s):	S1265/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 6 months supervision and ordered to perform 30 hours community service as directed by the probation service
Representation:	L Sio for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) – Alcohol and Drugs Court (ADC) clinician - Alcohol and Drugs Court (ADC) psycho-education programme – Mitigating features relating to the accused as offender – pleaded guilty at earliest opportunity – possession of narcotics
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

DANIEL LAUTI male of Palisi and Sataoa, Safata.
Accused

Counsel: L Sio for prosecution

Accused in person

Sentence: 1 October 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 reasonable opportunity.

The offending

2. According to the prosecution summary of facts, on 11 August 2018 at around 10am at Savalalo, a corrections (prison) officer who was on the bus to the village of Sataoa saw the accused who was seated at the rear end of the bus being handed a wrapped piece of paper by a street vendor standing outside the bus. After the bus left Savalalo for Sataoa, it stopped at a store at Siusega. The said corrections officer who was suspicious of the wrapped piece of paper handed by a street vendor to the accused approached the accused and queried him about the piece of paper. The accused handed over to the corrections officer the piece of paper which contained pieces of marijuana branches and loose leaves weighing 0.4grams. When the bus reached Lotofagā, the corrections officer stopped the bus and reported the matter to the Lotofagā police. The accused was apprehended by the police and taken to the police station for questioning.

The accused

3. After the accused pleaded guilty to the charge against him, he was referred to the Alcohol and Drugs Court (ADC) clinician for screening. The report from the ADC clinician recommended that the accused be referred to the 4 week psycho-education Alcohol and Drugs Programme of the Salvation Army starting 5 September 2018 and ending 26 September 2018. The accused has attended and successfully completed that programme.
4. The pre-sentence report shows that the accused is 22 years old and in his final year of studies as an engineering student at the Don Bosco Technical School. He stays at Palisi during the week to attend school but goes back to his family at Sataoa in the weekends.
5. Written testimonials from the accused’s parents, the bishop of his church, and the pulenu’u of his village show that the accused is a person of good character. He is also a first offender. The accused told the probation service that he started smoking marijuana at the beginning of this year due to peer pressure but since this offending which has been a huge learning experience for him, he stopped consuming marijuana.

Mitigating features relating to the accused as offender

6. The following are the mitigating features relating to the accused as offender:
   • (a) previous good character;
   • (b) accused is still a student and in his final year of studies;
   • (c) early guilty plea.

Discussion

7. Given the small quantity of marijuana substances found in the accused’s possession and the mitigating features relating to him as offender, I have decided to impose a non-custodial sentence. But I must warn the accused that if he reoffends in the future, the Court may not be lenient with him.

Result

8. The accused is convicted and sentenced to 6 months supervision and ordered to perform 30 hours community service as directed by the probation service.

Stand down.

CHIEF JUSTICE