Police v Seuva [2021] WSSC 69 (12 July 2021)

IN THE SUPREME COURT OF SAMOA
Police v Seuva [2021] WSSC 69 (12 July 2021)

Case name:	Police v Seuva
Citation:	[2021] WSSC 69
Decision date:	12 July 2021
Parties:	POLICE v MAFUTAGAMOTUSIA SEUVA, male of Tiavea Aleipata (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Niavā Mata Keli Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced to 16 months’ imprisonment. Less any time in custody.
Representation:	V. Faasii for Prosecution Defendant appears in Person
Catchwords:	Narcotics – cultivation – exited from ADC programme – custodial sentence.
Words and phrases:
Legislation cited:	Narcotics Act 1967 s. 6(1)(a).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

MAFUTAGAMOTUSIA SEUVA, male of Tiavea Aleipata

Defendant

Counsel: V. Faasii for Prosecution
Defendant appears in Person

Date: 12 July 2021

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

1. The defendant appears for sentence on one count of cultivation of eight marijuana plants pursuant to section 6(1)(a) of Narcotics Act 1967 which carries a maximum penalty of 14 years’ imprisonment.
2. The summary of facts was read out and confirmed by the defendant.
3. The offending was committed on or around 10 October 2020. The defendant pleaded guilty on 26 October 2020 and was assessed to be suitable to undergo programmes with the Alcohol and Drugs Court (ADC). He was referred to the ADC on 10 November 2020 to which he was formally accepted on 24 November 2020. However on 01 December 2020 the defendant failed to appear in ADC and attend its programmes. A warrant of arrest was then issued.
4. The defendant went AWOL for five months and on 25 May 2021 the defendant was apprehended for other offences committed. Today, he is to be sentenced for the offending that he was first charged with in October 2020 of cultivation.
5. There is no remorse on this defendant and he did not use the opportunity afforded to him to attend programmes in ADC to curb any future criminal behaviour.
6. As such, for the offence of cultivation a custodial sentence is the appropriate penalty. A starting point of two years is appropriate, less six months for his first offender status; and a further 10% discount for his early guilty plea. The defendant would have been entitled to a 25% discount for early guilty plea but not in these circumstances as the defendant did not utilise the opportunity given to attend programmes in ADC.
7. The defendant is convicted and sentenced to 16 months’ imprisonment. Less any time in custody.

JUSTICE TUATAGALOA