12
Crimes
2013, No. 10
9. Offences not to be punishable except under Samoan
Acts - No one shall be convicted of any offence at common
law, or of any offence against any Act of the Parliament of
Samoa.
PROVIDED THAT nothing in this section limits or affects the
power of authority of the Legislative Assembly or of any Court
to punish for contempt.
10. Offence under more than one enactment-(1) Where an
act or omission constitutes an offence under this Act and under any
other Act, the offender may be prosecuted and punished either
under this Act or under that other Act.
(2) Where an act or omission constitutes an offence under two
(2) or more Acts other than this Act, the offender may be
prosecuted and punished under any one of those Acts.
(3) Where an act or omission constitutes an offence under two
(2) or more provisions of this Act or of any other Act, the offender
may be prosecuted under any one of those provisions.
(4) No one shall be liable to be punished twice in respect of the
same offence.
(5) Nothing in this Act shall take away or diminish any
authority given by any other enactment to arrest, detain, or put any
restraint on any person.
PART III
MATTERS OF JUSTIFICATION OR EXCUSE
11. General rule as to justifications-(1) All rules and
principles of the common law as are consistent with the
provisions of this Act and any other applicable enactment and
with the customs and usages of the people of Samoa recognised
and applied by the Court of Appeal, the Supreme Court or the
District Court which provides a justification or excuse for any act
or omission, or a defence to any crime under this Act or any
other enactment shall be applicable to any charge, except so far
as they are altered by or are inconsistent with this Act or any
other enactment.