Police v Robertson [2022] WSSC 24 (26 July 2022)

IN THE SUPREME COURT OF SAMOA
Police v Robertson [2022] WSSC 24 (26 July 2022)

Case name:	Police v Robertson
Citation:	[2022] WSSC 24
Decision date:	26 July 2022
Parties:	POLICE (Informant) v STEEL ROBERTSON, male of Vaivase-uta & Fusi, Safata (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:	Steel Robertson is convicted and sentenced to 4 months’ imprisonment. Less the time he has been in custody since ‘exiting’ ADC to await sentencing. For the offence of failure to comply with bail conditions the accused is discharge without conviction.
Representation:	I. Atoa for the Informant Accused appears in Person
Catchwords:
Words and phrases:	“Exited from Alcohol and Drugs Court” – “cultivation of marijuana plants” – “failed to comply with bail conditions”.
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

STEEL ROBERTSON male of Vaivase-uta & Fusi, Safata

Accused

Counsel: I. Atoa for the Informant
Accused appears in Person

Date: 26 July 2022

S E N T E N C E

1. The accused Steel Robertson was ‘exited’ from the Alcohol and Drugs Court (ADC) on 19 July 2022 for continuous relapses whilst undergoing ADC programs.
2. Steel Robertson was charged with one count of cultivation of two marijuana plants. He was a first offender, pleaded guilty and was referred to the ADC on 21 February 2022. He was formally accepted into the ADC on 8 March 2022 after the team had carried out a family group conference (‘FGC’) with his family to vet the surroundings where Steel will reside while attending the programs and judicial monitoring, as well as arranging a community justice supervisor (‘JSC’) that he will report to whilst in ADC. The JSC is the ‘ears and eyes’ of the ADC in the community to ensure that Steel (and other ADC participants) comply with their bail conditions.
3. Steel Robertson (now) appears for sentence on one charge for cultivation of two marijuana plants pursuant to section 6(a) of the Narcotics Act 1967 with maximum 14 years’ imprisonment and failure to comply with bail conditions pursuant to section 114(c) of Criminal Procedure Act 2016 with a penalty of maximum $20,000 fine or imprisonment of not more than 12 months.
4. The relapses by Steel is consumption of alcohol. The golden rule for any person accepted into the ADC and its programs is no consumption of alcohol/drugs and/or any activity in pursuit of alcohol/drugs.
5. Steel was first reported to have relapsed on 8 April, then again on 26 April 2022 during lockdown by his family. When questioned, he denied both occasions and the court gave him the benefit of the doubt and the therapeutic team wanting to still work with Steel as he was turning up to programmes on time and had not missed a session. So he continued with the programmes but was given a warning. He relapsed again a further two times on 28 & 30 May 2022. On 7 June 2022 when he appeared for judicial monitoring, the Court ordered for Steel to be remanded in custody for 4 weeks. He was also warned not to retaliate against his family members who reported him when he is released from custody. Again the Court decided to still work with Steel by having him remain in the programmes when released from custody. With no appreciation of the countless chances given to him by the ADC Team, Steel relapsed again upon being released from custody. The Court ‘exited’ Steel on 19 July 2022 to be returned to the Supreme Court (criminal) to be sentenced.
6. The summary of facts was read out and confirmed by the accused which summary says that the accused was found with two marijuana plants growing at his house.
7. The accused is a first offender. He was given the opportunity to rehabilitation through the ADC programmes but obviously he did not appreciate the opportunity. His family played their part in monitoring and making sure that Steel comply with his conditions not to relapse but Steel failed to see the good that his family was doing for him.
8. The ADC Court has tried and have given the opportunity to Steel and can only do so much to help but it really comes down to the offender and [his family] on how genuinely remorseful he is for his behaviour to want to change.
9. Prior to the referral to the ADC and as part of the process for referral the Judge whom he first appeared before and pleaded guilty gave a sentencing indication of 12 months’ imprisonment. This sentencing indication is very relevant to the sentencing Judge.
10. The offence of cultivation a custodial sentence is appropriate. I will revert back to the sentencing indication of 12 months’ imprisonment but as a starting point. I take into account the number of sessions that Steel had completed with the ADC programmes of 33 sessions and his first offending status and deduct 6 months. I further deduct 25% for his early guilty plea which amounts to 2months. This leave 4 months.
11. For the offence of failure to comply with bail conditions the accused is discharge without conviction.
12. Steel Robertson is convicted and sentenced to 4 months’ imprisonment. Less the time he has been in custody since ‘exiting’ ADC to await sentencing.
    

JUSTICE TUATAGALOA