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Police v Foai [2016] WSADC 3 (9 March 2016)

SUPREME COURT OF SAMOA
Police v Foai [2016] WSADC 3


Case name:
Police v Foai


Citation:
[2016] WSADC 3


Decision date:
9 March 2016


Parties:
POLICE v LESI FOAI


Hearing date(s):



File number(s):
S240/16


Jurisdiction:
CRIMINAL


Place of delivery:
Supreme Court of Samoa, Mulinuu


Judge(s):
Chief Justice Sapolu


On appeal from:


Order:
- A term of 14 months imprisonment would be appropriate for the defendant (being less than 3 years), because the defendant is a substance dependent he should be given the chance to undertake treatment in the ADC. He is now remanded to 2:00pm on Tuesday 15 March 2016 in the ADC.


Representation:
L Sua-Mailo for prosecution
P Toma for defendant


Catchwords:
Unlawful conversation – maximum penalty – assessment report – previous convictions


Words and phrases:


Legislation cited:
Road Traffic Ordinance 1960 s.41, s.72A; s.39 (1)

Crimes Act s.123
Cases cited:


Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU


FILE NO: S240/16


BETWEEN


P O L I C E
Prosecution


A N D:


LESI FOAI of Seesee.
Defendant


Counsel:
L Sua-Mailo for prosecution
P Toma for defendant


Decision: 9 March 2016


DECISION OF SAPOLU CJ

The charges

  1. The defendant Lesi Foai, a 29 year old male of Seesee, appears before the Court having pleaded guilty to one charge of unlawful conversion of a motor vehicle, namely, a taxi, contrary to s.41 of the Road Traffic Ordinance 1960, which carries a maximum penalty of $200 fine for a first offence pursuant to s.72A; one charge of dangerous driving, contrary to s.39 (1) of the Ordinance, which carries a maximum penalty of 2 years imprisonment or a fine not exceeding $1,000; one charge of driving a vehicle without a driving licence, contrary to s.27 of the Ordinance, which carries a maximum penalty of $200 fine for a first offence pursuant to s.72; and one charge of assault, contrary to s.123 of the Crimes Act 2013, which carries a maximum penalty of one (1) year imprisonment. For reasons which follow, the defendant is now remanded to the Alcohol and Drugs Court (ADC) for a determination hearing at 2:00pm on Tuesday 15 March 2016.

The defendant

  1. According to the assessment by the ADC clinician, the defendant meets the DSM-5 criteria for substance dependence because he is a severe binge drinker and it is recommended that he be referred to complete the Intensive Outpatient Programme through the ADC. I should note here that even though the defendant told the ADC clinician that he has not used any other drugs apart from alcohol, his list of previous convictions shows that he has two previous convictions for possession of narcotics in 2007 and 2008.
  2. In light of the offending, and having regard to the credit that the defendant would get for his early guilty plea, I am satisfied that while a term of around 14 months imprisonment would be appropriate for the defendant (being less than 3 years), because the defendant is a substance dependent he should be given the chance to undertake treatment in the ADC. He is now remanded to 2:00pm on Tuesday 15 March 2016 in the ADC.

CHIEF JUSTICE

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