IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Faamoemoe [2016] WSADC 10

Case name: 	Police v Faamoemoe & Anor	
		
Citation: 	[2016] WSADC 10	
		
Decision date: 	02 August 2016	
		
Parties: 	POLICE v FAATUI FAAMOEMOE, male Papa Sataua, Savaii and Vaitele-fou (Participant) and LAGALAGA MISILUKI, male of Fagalii (Participant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	CRIMINAL	
		
Place of delivery: 	Alcohol and Drugs Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Mata Keli Tuatagaloa	
		
On appeal from:		
		
Order:	-	Faatui Faamoemoe was convicted and sentenced to eight months’ supervision with the following conditions:
(i)	not to re-offend;
(ii)	report to Probation (Apia) before 10am every Thursday;
(iii)	to do 50 hours’ community service; and
(iv)	any other as directed by Probation.
-	Lagalaga Misiluki given his lapses and behavioural issues throughout both phases of the treatment program was convicted and sentenced to 12 months’ supervision with the following conditions:
(i)	continue to attend one-on-one counselling with the ADC Clinician as directed by the Clinician;
(ii)	to do 70 hours’ community service;
(iii)	not to re-offend; and
(iv)	any other as directed by Probation.

The Court deliberately did not impose a condition of ‘no alcohol’.  The thinking behind it is for the two participants to be responsible adults to be able to make right decisions concerning alcohol.  In any event, the probation can under (iv) above imposed a ‘no alcohol’ condition if and when they see fit while they are under supervision.	
		
Representation: 	F Ioane for Prosecution
V Schuster for Participants	
		
Catchwords: 	Alcohol and Drug Court participants – graduated and completed both Phases 1 and 2	
		
Words and phrases:		
		
Legislation cited:	Crimes Act 2013 s.165(c) 	
		
Cases cited:		
		
Summary of decision:		

IN THE ALCOHOL AND DRUGS COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FAATUI FAAMOEMOE, male Papa Sataua, Savaii and Vaitele-fou
Participant

AND:

LAGALAGA MISILUKI, male of Fagalii
Participant

Counsel:
F Ioane for Prosecution
V Schuster for Participants

Sentence:	2 August 2016

sentencing of Justice Tuatagaloa
The participants:
1.	The participant Lagalaga Misiluki, 32 year old male of Fagalii was accepted into the Alcohol and Drugs Court (ADC) on 01 March 2016.
2.	The participant Faatui Faamoemoe, 22 year old male of Papa Sataua, Savaii residing at Vaitele-fou was accepted in the ADC on 16 February 2016.
3.	Both participants were represented by Ms Vanessa Schuster.
4.	Both participants offended either in pursuit of alcohol or while under the influence.  They reside within the pilot region (Afega – Laulii), have pleaded guilty and were given a sentencing indication (at least Faatui) of less than 3 years.
The charges:
5.	The participant Lagalaga Misiluki was charged with burglary and theft.  The burglary charge carries a maximum 10 years’ imprisonment term while the theft charge under s.165(c) of the Crimes Act 2013 carries a maximum of two years’ imprisonment.  Lagalaga was not given a sentencing indication but given his long list of previous convictions of similar offending a sentencing indication would definitely be custodial.
6.	The participant Faatui Faamoemoe was charged with theft as a servant which carries the maximum penalty of 10 years’ imprisonment.  Faatui was given a sentencing indication of eight months’ imprisonment.
The background:
7.	The participant Faatui Faamoemoe’s parents live in Savaii.  Faatui attended the National University of Samoa (NUS) studying towards a computer science degree.  He dropped out of University and gained employment with Samoa Breweries Limited, this is where he committed the offending.  He was caught stealing crates of Vailima beer.  Faatui lives mainly on his own at their house at Vaitele-fou.  His parents visit now and then. Faatui is a first offender.  Faatui was assessed to have a problematic pattern of drinking.
8.	The participant Lagalaga Misiluki has a long history of offending.  At the time of the offending he was living at Fagalii-uta with his uncle.  Lagalaga started offending in 2004 when he was 25 years’ old.  His offences are mainly burglary, theft and possession of narcotics.  He has been in and out of prison since 2004.  Lagalaga told the Court that his previous and current offending were committed while under the influence of alcohol and in pursuit of alcohol.  That is, once he started drinking he will carry on until he has finished all the alcohol.  When all the alcohol is finished he will go looking for alcohol which resulted in burglary and theft charges.  Lagalaga was assessed to have a severe, problematic pattern of drinking. 
The treatment:
9.	The treatment consists of two phases.  Phase 1 is 6 weeks, and Phase 2 is 12 weeks.  Both accused underwent both treatment programmes. The Toe Afua Se Taeao program which runs for six weeks is a psycho-educational program on the use and effects of alcohol and drugs and how to avoid it.  The 12 weeks is the intensive monitoring consisting more of counselling, group and one-on-one sessions.
Phase 1: Six-week program: (Toe Afua se Taeao)
10.	Faatui Faamoemoe started on the six-week program on 17 February 2016 and completed on 23 March 2016.  Faatui went through the six-week program without any issues, behavioural or treatment wise.
11.	Lagalaga Misiluki started on the six-week program on 06 April 2016.  Lagalaga in his second week of the six-week program lapsed by drinking alcohol.  Although he lapsed, the fact that he drank and then went to sleep instead of offending was seen as a positive progress on Lagalaga’s side.  There were other behavioural issues during the six-week program which the Court addressed with Lagalaga but overall he was complying with most of his bail conditions and attending all his programs.
Phase 2: 12-week program:
12.	Faatui Faamoemoe started Phase 2 (12 weeks) treatment program on 30 March and completed on 07 July 2016.  There were some behavioural issues with Faatui of him being present where alcohol was consumed although he was not drinking any alcohol. 
13.	 Faatui struggled half way through the 12-week program.  The treatment team reported that he was withdrawn and not contributing or actively participating in the group discussions and the one-on-one sessions.  Faatui owned up that he drank at a birthday party. He also missed a session claiming that he was not well. 
14.	The Court imposed a sanction on Faatui by having him again report to probation twice a week. He was also made to stay with his uncle instead of on his own to monitor any more lapses from happening. This turned out to be a positive move for Faatui.
15.	Lagalaga Misiluki again lapsed towards the end of his 12-week program by again drinking alcohol.  He also breached his bail conditions by moving and living somewhere else other than the place that he was ordered to live.  However, he attended to all his programs and reporting conditions.  As a result of his second lapse with alcohol he was placed in custody for one (1) week.
16.	Both Faatui and Lagalaga had four weeks added at the end of their 12-week program.  The treatment team felt that they still had some issues they need to address like taking responsibility for their behaviours and making the right choices or decisions by working on their thought processes.
Sentence Imposed:
17.	On 02 August 2016 both Faatui Faamoemoe and Lagalaga Misiluki were sentenced.  The sentences imposed by the Court were based on the recommendation by the treatment team, their completion of the treatment programs taking into account any lapses and behavioural issues on their parts.
18.	Faatui Faamoemoe was convicted and sentenced to eight months’ supervision with the following conditions:
(v)	not to re-offend;
(vi)	report to Probation (Apia) before 10am every Thursday;
(vii)	to do 50 hours’ community service; and
(viii)	any other as directed by Probation.
19.	Lagalaga Misiluki given his lapses and behavioural issues throughout both phases of the treatment program was convicted and sentenced to 12 months’ supervision with the following conditions:
(v)	continue to attend one-on-one counselling with the ADC Clinician as directed by the Clinician;
(vi)	to do 70 hours’ community service;
(vii)	not to re-offend; and
(viii)	any other as directed by Probation.
20.	The Court deliberately did not impose a condition of ‘no alcohol’.  The thinking behind it is for the two participants to be responsible adults to be able to make right decisions concerning alcohol.  In any event, the probation can under (iv) above impose a ‘no alcohol’ condition if and when they see fit while they are under supervision.
21.	Both participants were formally graduated from ADC on 12 August 2016.
JUSTICE TUATAGALOA