SUPREME COURT OF SAMOA
Police v Ioane [2017] WSSC 28

Case name: 	Police v Ioane	
		
Citation: 	[2017] WSSC 28	
		
Decision date: 	13 April 2017	
		
Parties: 	POLICE v ALENI FINAU IOANE male of Moataa and Tafaigata.	
		
Hearing date(s): 		
		
File number(s): 	S352/17	
		
Jurisdiction: 	Criminal 	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	CHIEF JUSTICE SAPOLU	
		
On appeal from:		
		
Order:	-	Convicted and ordered to attend the seven week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme when he serves his term of 12 months supervision after his release from prison.  During the same time, he is also to perform 30 hours community service as directed by the probation service.
-		
		
Representation: 	O Tagaloa for prosecution
Accused in person

Catchwords: 	possession of narcotics 	
		
Words and phrases:	accused be referred to the six week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme	
		
Legislation cited:	Narcotics Act 2013 ss.7&18	
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P  O  L  I  C  E

Prosecution

A  N  D

ALENI FINAU IOANE male of Moataa and Tafaiagata.

Accused

Counsel:	
O Tagaloa for prosecution
Accused in person

Sentence:	13 April 2017

S EN T E N C E
1. 	The accused Aleni Finau Ioane who is a prisoner at Tafaigata prison appears for sentence on one charge of possession of narcotics, namely, a half marijuana joint, contrary to s.7 of the Narcotics Act 2013, which carries a maximum penalty of 14 years imprisonment under s.18.  To the charge, the accused pleaded guilty at the earliest opportunity. 
2. 	The prosecution’s summary of facts which was confirmed by the accused shows that the accused was on weekend parole from Tafaigata where he is serving a term of imprisonment.  When he returned to prison on Monday 13 February 2017, he was searched as per usual procedure before he entered the prison block.  A half marijuana joint was found on him.
3. 	After the accused had pleaded guilty to the charge, he was referred to the Alcohol and Drugs Court (ADC) clinician for an assessment and to report back to this Court.  The report from the clinician shows that the accused has one month to serve of his current 9 months prison sentence to be followed by 12 months supervision.  It is then recommended by the clinician that the accused be referred to the six week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme.
4. 	The accused has a list of previous convictions starting from 2012.  None of those previous convictions was for a drug related offence.
5. 	In weighing all the relevant circumstances, I have decided to impose the following sentence.  The accused is convicted and ordered to attend the seven week Toe Afua Se Taeao Fou psycho-education Alcohol and Drugs Programme when he serves his term of 12 months supervision after his release from prison.  During the same time, he is also to perform 30 hours community service as directed by the probation service.
CHIEF JUSTICE