SUPREME COURT OF SAMOA
Police v William [2015] WSSC 268

Case name: 	Police v William	
		
Citation: 	[2015] WSSC 268	
		
Decision date: 	14 September 2015	
		
Parties: 	Police (prosecution) v Linus William, male of Lepea	
		
Hearing date(s): 		
		
File number(s): 	S519/14 and S520/14	
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Ema Aitken	
		
On appeal from:		
		
Order:	1.On the charge of intentional damage, I take the view that it is the public interest and your interest to ensure that you do not re-offend and on that charge you are convicted and sentenced to 12 months of supervision. A sentence of supervision is not designed to punish, it is designed to assist you and I just want to be very sure that there are no underlying alcohol issue because if there are then you need to get on top of those to ensure that you succeed in life as I’m sure you wish to do. There will be therefore the following conditions attached to the sentence supervision; 
a)	Firstly that you are to attend a drug and alcohol rehabilitation program as directed by your probation officer. There will be programs coming available in the New Year for alcohol and drug related offending and I would expect you to be on one of those programs and that will give you the opportunity to understand the impact of alcohol on your brain and on your behaviors. It will give you some tools to assist you to say no when you need to say no and understand what is the safe level of drinking for you. 
b)	Secondly, you are not to consume any alcohol or illegal drugs for a period of three months, I won’t make it the whole year but it will be for a period of three months in other words between now and the 14th of December.
2.On the charge of negligent driving, I must proceed on the basis that this is simply negligent driving, you are not charged with drink driving. You have no prior driving convictions and on that basis you are convicted on that charge and fine the sum of $200tala half the maximum penalty and that amount is to be paid within 14 days.	
		
Representation: 	C Amosa for prosecution
Defendant in person	
		
Catchwords: 	Negligent driving – intentional damage	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

   BETWEEN:		

P O L I C E
Prosecution

AND:	

Linus William, male of Lepea.
Defendant

Counsel:	C Amosa for prosecution
Defendant in person

Sentence:	14 September 2015

Oral Sentence of Justice E M Aitken
	1.	You appeared today for sentence having pleaded guilty to negligent driving and to intentional damage. 
	2.	The summary of facts refers to you speeding and swerving and hitting a brick post which appears to be a power pole and other structure owned and operated by EPC. It was damaged but there’s no evidence of the cost of the damage. The police arrived and their observation was that you were really drunk. You tell the Court you had one or two drinks but you deny being really drunk and certainly you were not breathalysed. 
	3.	But I proceed on the basis that this is careless driving - or in other words a lapse of judgment, you took your mind off the job - and intentional damage and I proceed on the basis that on your own admission you have been drinking and alcohol will most certainly have been a factor in the offending. 
	4.	You have one prior conviction which is six years ago but that was for drunkenness. You are now 28 years old and all other respects, you really are a rather fine young man; you are a full time employment and have been for many years. You’re completing your bachelors degree in commerce at NUS. And it would seem on the basis of the probation report, you have a good future in front of you Mr Williams. 
	5.	The concern that I have expressed to you is that if there is an issue with alcohol then that future will start to be less promising that otherwise. On the charge of negligent driving, I must proceed on the basis that this is simply negligent driving, you are not charged with drink driving. You have no prior driving convictions and on that basis you are convicted on that charge and fine the sum of $200tala half the maximum penalty and that amount is to be paid within 14 days. 
	6.	On the charge of intentional damage, I take the view that it is the public interest and your interest to ensure that you do not re-offend and on that charge you are convicted and sentenced to 12 months of supervision. A sentence of supervision is not designed to punish, it is designed to assist you and I just want to be very sure that there are no underlying alcohol issue because if there are then you need to get on top of those to ensure that you succeed in life as I’m sure you wish to do. There will be therefore the following conditions attached to the sentence supervision; 
a)	Firstly that you are to attend a drug and alcohol rehabilitation program as directed by your probation officer. There will be programs coming available in the New Year for alcohol and drug related offending and I would expect you to be on one of those programs and that will give you the opportunity to understand the impact of alcohol on your brain and on your behaviors. It will give you some tools to assist you to say no when you need to say no and understand what is the safe level of drinking for you. 
b)	Secondly, you are not to consume any alcohol or illegal drugs for a period of three months, I won’t make it the whole year but it will be for a period of three months in other words between now and the 14th of December. 
	7.	Now the purpose of that obviously is to stop you from drinking so that you don’t put yourself and other people at risk if drink driving on the road but also for you to be able demonstrate that you can stop drinking because if you are unable to stop drinking then you may well be an alcoholic and that will be something that the probation officer will take into account and direct you into a different program. 
	8.	You need to be really honest with yourself, if you can’t stop drinking, you have got a serious problem but it’s something that can be addressed. You are going to have to stop drinking for three months. If you are caught drinking and driving or even if you are caught being drunk that means that you have breached your sentence of supervision and the matter will come back before me, I will re-sentence you on that charge and I will be pretty tough. So an opportunity to get this issue sorted. Don’t let your future be ruined by alcohol.
	_____________________
								JUSTICE E M AITKEN