Police v Viavia [2019] WSSC 27 (19 March 2019)

SUPREME COURT OF SAMOA
Police v Viavia [2019] WSSC 27

Case name:	Police v Viavia
Citation:	[2019] WSSC 27
Decision date:	19 March 2019
Parties:	POLICE v AFOA VIAVIA male of Fagae’e and Salelologa.
Sentencing date(s):	19 March 2019
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- Given the small quantity of marijuana in your possession and the time that you have been remanded in custody, I have decided to impose a non-custodial sentence. It will nevertheless provide an opportunity to attend programs if the Probation Service direct you to do so. You may also yourself ask the probation service to attend programs if you wish. You will however be required to carry out community service work. - In respect of the charge before the Court, you are convicted and sentenced to (a) 9 months supervision and ordered to carry out 60 hours of community work. (b) You are to attend programs as may be directed by the probation service; and (c) You are not to re-offend during your supervision terms.
Representation:	F Ioane for Prosecution Accused self-represented
Catchwords:	need for deterrence of this type of offending.
Words and phrases:
Legislation cited:
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

AFOA VIAVIA male of Fagae’e and Salelologa.
Accused

Counsel: F Ioane for Prosecution

Accused self-represented

Decision: 19 March 2019

O R A L S E N T E N C E

The Charge:

[1] Afoa, you appear for sentence on one charge of narcotics namely that you had in your possession two marijuana cigarettes.

The Offending:

[2] According to the Summary of Facts accepted by you, on the 25th January 2019 at around 8pm, police were conducting their usual patrol at the bus station at the Fugalei Market. When the police approached you they found a foil lying by next to your left leg. On opening the foil, it was found to contain marijuana cigarette. You were then informed by the police officers concerning the marijuana cigarettes found on you. You were taken to the Apia Police station where you found to be in possession of two marijuana cigarettes one securely wrapped in a piece of foil weighing 1.5grams and one securely wrapped in a white paper weighing 0.5grams.

Background of the Accused:

[3] You are a 54 year old unemployed male with 4 children. According to the Pre-Sentence Report you grew up in Salelologa and you have a low level of education having left school at year 4. You have prior convictions for similar offending based on the pre-sentence report it appears that you are dependent of marijuana.

Aggravating Features of the Offending:

[4] In terms of the aggravating features in respect of your matter are as follows:

• The prevalent of this type of offending; and

• The need for deterrence.

Aggravating Features in respect of the Offender:

[5] Aggravating features personal to you as an offender is your prior conviction.

Mitigating Features personal as an Offender:

[6] The only mitigating feature personal to you as an offender is your guilty plea.

[7] You told me that you are remorseful for your offending. I do not accept that you are remorseful because if you are genuinely remorseful you would want to change your life and ask for programs.

Discussion:

[8] Afoa, you have been in custody since 26th January 2019 a period of almost 2 months now. You also have previous conviction for similar offending. You have been described in your pre-sentence report by members of your family as living a nomadic life and appear to have a dependency on marijuana. You are a good candidate for a program with the aim of attempting your life. However, you have stated that you do not want to attend programs.

[9] At your age, your poor attitude and refusal to change your life by taking steps to attend programs is foolish. It is no wonder that your family has given up on you and leave stated that the best place for you is prison. You have 4 children and I expect that as a father, you are failing in that role. You certainly do not provide the role model that children look for in their parents. You don’t even try and change your life and for that, you should be quite ashamed. You have shown no interest in attend programs to change your life and given your age, I am quite surprised by your attitude.

[10] I hope that in time, you will consider what I have said to you and ask to attend programs to change your life. I am certain that if you do not attend programs, you will be back before the Court again.

Result:

[11] Given the small quantity of marijuana in your possession and the time that you have been remanded in custody, I have decided to impose a non-custodial sentence. It will nevertheless provide an opportunity to attend programs if the Probation Service direct you to do so. You may also yourself ask the probation service to attend programs if you wish. You will however be required to carry out community service work.

[12] In respect of the charge before the Court, you are convicted and sentenced to (a) 9 months supervision and ordered to carry out 60 hours of community work. (b) You are to attend programs as may be directed by the probation service; and (c) You are not to re-offend during your supervision terms.

[13] Afoa, I hope you listen to what I have said to you and that you attend programs. Those programs are there to help you. As I have said, I am fairly certain if you do not attend programs you will be back before the Court. So please make use of the supervision term.

JUSTICE CLARKE