IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Eliu [2016] WSADC 13

Case name: 	Police v Eliu 	
		
Citation: 	[2016] WSADC 13	
		
Decision date: 	25 October 2016	
		
Parties: 	POLICE (Informant) and SIPA SOLOFA ELIU male of Magiagi and Iva, Savaii (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:	Sipa you are convicted and sentenced to 7 months’ supervision with the following conditions:
(i)	Complete 4 sessions with Relapse Prevention Group (ADC);
(ii)	Attend AA meetings fortnightly or monthly;
(iii)	No alcohol or drugs; and
(iv)	Maintain contact with CJS.	
		
Representation: 	F Masei for Prosecution
P Toma for Participant	
		
Catchwords: 	Intentional damage – has a drinking problem 	
		
Words and phrases:	under influence of alcohol while offending - accepted into and completed Phases 1 and 2 of Alcohol and Drug Program	
		
Legislation cited:	Crimes Act 2013 s 184 	
		
Cases cited:		
		
Summary of decision:		

IN THE ALCOHOL AND DRUGS COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

SIPA SOLOFA ELIU, male of Magiagi & Iva Savaii
Participant

Counsel:
F Masei for Prosecution
P Toma for Participant

Sentence:	25 October 2016

sentencing of Justice Tuatagaloa
1.	Sipa you are charged with intentional damage under s 184 of the Crimes Act 2013 which carries a penalty of maximum 7 years imprisonment. You committed the offence while under the influence of alcohol. You pleaded and was given a sentencing indication of 7 months’ supervision & 25 hours’ community service.
2.	You were referred for alcohol and drugs assessment and found to have an AUDIT score of 22 which AUDIT is any score of 12 or more indicates a significant drinking problem.
3.	Sipa is only 19 years’ old and the assessment report says that he started drinking at the age of 15 years, that is a very young age to start drinking.  Sipa is the youngest participant so far in ADC.
4.	Sipa was referred to appear in ADC on 17 May 2016 but he did not and a warrant of arrest was issued.  That warrant was executed and he then appeared for determination hearing in ADC on 31 May 2016.
Phase 1: 
5	Sipa was accepted in ADC and started the six week psycho-educational program on 01 June 2016 and completed on 20 July 2016.
Phase 2: 
6	He started the 12 week intensive programs on 28 July 2016 and completed on 20 October 2016.
7	There were two major treatment relapse during the 6 week treatments. Two (2) weeks into the six week program Sipa owned up to relapsing by drinking alcohol when he was asked about it. He told the treatment team that he drank the two beers he took from a drunk he came across asleep on the side of a shop at his village.  Sipa also did not turn up to his treatment programs at one stage.  
8	Sipa also had behavioural issues by not reporting to probation as he should be.
Environment
9	Sipa’s parents divorced when he was about 12 years old.  His mother remarried and his father moved back to his family somewhere at Fasitoo. Sipa was left with his grandfather at Magiagi who brought him up.
10	Sipa lives with his elderly grandfather, uncle, sisters and their husbands.  He comes from a very low income family.  He left school at Year 10 when his father found out he was drinking alcohol at that age.  He stayed home and has never been in paid employment. Unemployed and with nothing much to do Sipa hung out with other youth in similar circumstances.
11	The treatment team knew from the beginning that they need to do a lot of work with Sipa and they did.
12	In the beginning Sipa appeared ‘flat and disinterested’ with the programs but the team noticed that you enjoy the community work.  Through community work and the encouragement of the other participants Sipa started to change and begin to actively participate in the programs by opening up in the discussions. 
13	To further assist Sipa the team changed the CJS and approached the faifeau of his Methodist Church to be his CJS.  The faifeau agreed and also took him in and Sipa has been living with the faifeau and his family throughout his programs in ADC.  
14	The court greatly acknowledges Rev. Faavae for supporting and mentoring you.  He has played a huge part in your journey in ADC and especially at this age.  Sipa is now involved in the Church Youth Group and church activities that he never used to be.
15	The court noticed a huge change in Sipa both physically and mentally. He is able to articulate his thoughts in a clear and coherent manner when asked by the court.  The court also noticed a big behavioural change in him. From then on the changes in Sipa were remarkable.  
16	Sipa was able to meet the challenges given to him by the Court.  The team reported that he has stayed away from his peer friends that he used to hang out with and able to stay away from alcohol since the time he relapsed.
17	The treatment team is very proud of what they have achieved with Sipa.
18	I encouraged Sipa to remain on the good path that he is on.  He loves soccer and as I keep saying to him if he is very good at soccer and stay away from alcohol, the sport of soccer will provide him with the opportunities to travel and who knows he might even secure a job with the soccer federation. 
Sentencing:
19	Sipa’s personal and court sobriety is 4 months and 2 weeks. He has completed 66 hours of community service.
20	He pleaded guilty and is a first offender.
21	Despite the sentencing indication given to you when you first pleaded guilty, the court feels that a supervision term is most appropriate in your case given your age and your problem with alcohol which got you offside with the law. A supervision term with conditions will help monitor your progress further.  
22	Sipa you are convicted and sentenced to 7 months’ supervision with the following conditions:
(i)	Complete 4 sessions with Relapse Prevention Group (ADC);
(ii)	Attend AA meetings fortnightly or monthly;
(iii)	No alcohol or drugs; and
(iv)	Maintain contact with CJS.

JUSTICE TUATAGALOA