IN THE ALCOHOL AND DRUGS COURT OF SAMOA
Police v Taaseu [2016] WSADC 14

Case name: 	Police v Taaseu	
		
Citation: 	[2016] WSADC 14	
		
Decision date: 	25 October 2016	
		
Parties: 	POLICE (Informant) and MOE TAASEU male of Tanumapua and Saasaai (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:	Moe you are convicted and sentenced to 6 months’ supervision with the following conditions: 
a)	Complete 4 sessions with Relapse Prevention Group (ADC);
b)	Attend AA meetings fortnightly or monthly’
c)	No Alcohol or drugs;
d)	You are not to drive a taxi as this was a trigger to your offending;
e)	Continue to see CJS (Rev. Masani); and
f)	Continue to engage and contribute to church activities.	
		
Representation: 	F Masei for Prosecution
P Toma for Participant	
		
Catchwords: 	Narcotics – possession – marijuana dependent  

Words and phrases:	Accepted into and completed Phases 1 & 2 of program	
		
Legislation cited:	Narcotics Act 1967 ss 7 & 18 (b)

Cases cited:		
		
Summary of decision:		

IN THE ALCOHOL AND DRUGS COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

A  N  D:

MOE TAASEU male of Tanumapua & Saasaai
Participant

Counsel:
F Masei for Prosecution
P Toma for Participant

Sentencing:	25 October 2016

SENTENCING OF JUSTICE TUATAGALOA
1.	Moe Taaseu is charged with possession of narcotics under ss 7 & 18 (b) of Narcotics Act 1967 with a maximum penalty of 14 years’ imprisonment. Moe has previous convictions where there is also possession of narcotics in 2012.
2.	He pleaded guilty and was given a sentencing indication of 15 months’ imprisonment.
3.	Moe was referred for screening because the offending involves drugs (marijuana). He was assessed to have a ‘dependence’ on drugs specifically marijuana, i.e., he smokes marijuana daily (SDS – 4).
4.	Moe was a taxi driver and he told the Court that being a taxi driver helps ‘feed’ his dependence as sometimes the passengers pay their fares with marijuana joints instead of cash.  He gave up being a taxi driver to fully concentrate on his treatment programs. This is full commitment and a sign of genuineness on his part that he wants to change.
Phase 1
5.	He was accepted in ADC on 07 June 2016 and started with the Toe Afua se Taeao, which is Phase one treatment for six weeks on 08 June 2016.
6.	There were no treatment or behavioural issues with him in the six week programs which he completed on 13 July 2016. If there were issues he would have gone to do a 4 week bridging programs. Moe was then recommended to move to Phase 2 12 weeks intensive monitoring instead
Phase 2
7.	Moe started on Phase 2 treatment which is the intensive monitoring for 12 weeks on 28 July 2016 and completed on 21 October 2016.
8.	Again there were no major issues except that he missed reporting to his CJS once. This is a minor behavioral issue. Moe had never missed attending to his treatment programs. 
9.	Overall, you had 100% attendance to your treatment programs and 99% compliance with your bail conditions.
Personal
10.	Moe you are 44 years’ old, married with children. Your wife and children reported liking the husband and father you have become and the changes they noticed in you.  You exhibited leadership in the programs, maturity and being very supportive of your fellow participants. 
11.	You indicated that your goal was to become a ‘deacon’ of your church.  This is a sign of maturity on your party and taking on responsibility and not avoiding responsibility.
12.	I urge that you follow through with this ‘aim’ of yours and challenge yourself that you can be a better man for your wife and children and not go back to your old ways.
13.	The Court also noticed a huge positive change in you not only physically but also in the way you respond to any questions by the Court.
14.	The Court hopes that you will use what you have learnt from the programs you underwent in ADC to maintain where you are and will not re-offend in the future.
Sentence
15.	Your personal sobriety is 7 months and court sobriety is about 6 months. The difference in personal and court sobriety is because when you were charged you were held in custody for about a month. This is not easy for someone who smoked marijuana daily but you did it.
16.	You have completed 64 hours of community service more than what was required of you.
17.	The least supervision term under the law is six months. Moe you are convicted and sentenced to 6 months’ supervision with the following conditions: 
a)	Complete 4 sessions with Relapse Prevention Group (ADC);
b)	Attend AA meetings fortnightly or monthly’
c)	No Alcohol or drugs;
d)	You are not to drive a taxi as this was a trigger to your offending;
e)	Continue to see CJS (Rev. Masani); and
f)	Continue to engage and contribute to church activities.

JUSTICE TUATAGALOA