Police v Siliva [2016] WSDC 11 (21 March 2016)

DISTRICT COURT OF SAMOA
Police v Siliva [2016] WSDC 11

Case name:	Police v Siliva
Citation:	[2016] WSDC 11
Sentence date:	21 March 2016
Parties:	POLICE v FALA SILIVA aka FALA VAOVAI, male of Laulii and Tafaigata Prison
Hearing date(s):
File number(s):	D3219/15.
Jurisdiction:	CRIMINAL
Place of delivery:	District Court Samoa, Mulinuu
Judge(s):	District Court Judge Clarke
On appeal from:
Order:	The defendant is convicted and sentenced to three (3) months imprisonment to be served cumulatively to his current sentences of imprisonment
Representation:	I Atoa for NPO Defendant in person
Catchwords:
Words and phrases:
Legislation cited:	Criminal Act 2013 s.143
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

A N D:

FALA SILIVA aka FALA VAOVAI male of Laulii and Tafaigata Prison
Defendant

Counsel:
I Atoa for National Prosecution Office
Defendant in person

Sentence : 21 March 2016

SENTENCING OF DCJ CLARKE

The Charge

1. The defendant appears for sentence on 1 charge of escape from lawful custody from Tanumalala on the 6^th August 2015 in breach of section 143 of the Crimes Act 2013. The offence carries a maximum penalty of 2 years imprisonment.
2. The defendant pleaded guilty at first mention of his matter on 26 January 2016. He however disputed the Summary of Facts and the matter was set down to today for the hearing of the disputed Summary of Facts. When the matter was called for hearing, the defendant withdrew his dispute to the Summary of Facts on the basis that he had misunderstood the facts as read to him.
3. The defendant is one of a number of prisoners who appeared before the Court on 19 February 2016 for sentencing for escape from lawful custody, all of whom escaped from custody on different dates and on different occasions.

The Offending

4. The Summary of Facts accepted by the defendant is that on the 6^th August 2015, the defendant was at Tanumalala with Police to undertake work. When on his lunch break, the defendant carried his bag to the main road. Asked by a Police Officer as he went where he was going, the defendant told the Police Officer he was going to the bathroom.
5. The defendant with another Prisoner then went to the road and caught a bus heading towards Apia. Realizing that the defendant was missing, Police officers were requested to stop the bus. The defendant was found on the bus and taken to Tafaiagata Prison. The defendant was recaptured on the same day.

Background of the defendant

6. The defendant is Fala Siliva aka Fala Vaovai, a 21 year old male of Laulii. He is single and serving an imprisonment term at the Oloamanu Prison. He has a lengthy prior conviction record starting in July 2009 to March 2015. His offending is for various offendings from Burglary and theft to possession of narcotics, obstruction of Police, assaults and in March 2015, of escape from lawful custody.

Aggravating features of the offending

7. The aggravating features of the offending are:
   • (i) The defendant breached the trust of the authorities in him to carry out his work at Tanumalala; and
     • (ii) He was asked by a Police Officer about his actions as he left and lied.

Mitigating features of the offending

8. Te mitigating features in respect of the offending were that:
   • (ii) he was out of custody for a very short period of time; and
   • (iv) no violence or threats were made in the course of his escape.
9. Aggravating features in respect of the offender
10. The aggravating factors in respect of the offender is that:
    • (v) he has a previous conviction for escape from prison in which he was given a concurrent sentence;
      • (vi) he disputed the Summary of Facts only to admit it at the date of hearing and put the Prosecution to the time and expense of preparing for the hearing and attendance of Police witness at Court for the disputed Summary of Facts as well as the use of the Court’s time; and
    • (vii) he has a number of prior convictions and therefore cannot be said to be a person of good character.

Mitigating features in respect of the offender

11. The Defendant entered a guilty plea at the first available opportunity and expressed some remorse for his actions.

Discussion

12. Similar to a number of earlier matters before the Court for sentencing, the ease of which prisoners appear to be able to escape lawful custody of prison facilities is of concern. In this case, the defendant was stopped by Police whilst he was carrying a bag apparently heading towards the main road. He was not challenged and the defendant able to leave custody and catch a public bus headed towards Apia. That a Prisoner can do so with such apparent ease is embarrassing for the prison authorities and a matter that needs to be addressed with urgency, if not already addressed.
13. The defendant who is 21 years old is regrettably at such a young age well on the path to becoming a career criminal. He was first convicted in 2009 when he was about 14 years of age. Whilst he has been before the Courts on a number of occasions, there is some hope that should he choose to change his life’s path, he might do so with the help of programs available through the Prison. He is 21 years of age and there is hope that he can still turn his life around.
14. On 19 February 2016, a number of escaped prisoners including the defendant appeared for sentencing for escape from lawful custody. When prisoners escape from lawful custody, there is a public fear and concern and State resources expended in bringing them back to custody. The Court will impose a sentence to hold the defendant accountable for his actions, denounce and deter his conduct and deter other likeminded persons from escaping from lawful custody and hopefully promote in the defendant a desire to complete his remaining sentence without again escaping from custody.
15. The maximum penalty for escape from prison or lawful custody is 2 years imprisonment. Taking into account the mitigating and aggravating factors of your offending, I will begin sentencing with a start point of three (3) months imprisonment. Based on your aggravating factors as an offender, I will add two (2) months imprisonment bringing your term of imprisonment to five (5) months. I will deduct for your guilty plea at the first opportunity and remorse 2 months. This leaves a term of imprisonment of three (3) months imprisonment.

Sentence

16. The defendant is convicted and sentenced to three (3) months imprisonment to be served cumulatively to his current sentences of imprisonment.

JUDGE CLARKE