Police v Alopio [2016] WSDC 4 (7 March 2016)

DISTRICT COURT OF SAMOA
Police v Alopio [2016] WSDC 4

Case name:	Police v Alopio
Citation:	[2016] WSDC 4
Decision date:	7 March 2016
Parties:	POLICE v TAUTALAFUA ALOPIO male of Savaia Lefaga and Tafaigata Prison
Hearing date(s):
File number(s):	D3221/15
Jurisdiction:	CRIMINAL
Place of delivery:	District Court of Samoa, Mulinuu
Judge(s):	DISTRICT COURT JUDGE CLARKE
On appeal from:
Order:	- Convicted and sentenced to 3 months imprisonment to be served cumulatively to his current sentences of imprisonment
Representation:	R Titi for Prosecution
	Defendant unrepresented
Catchwords:	Escape from lawful custody – maximum penalty – sentence – aggravating – mitigating feature – expressed remorse
Words and phrases:
Legislation cited:	Criminal Act 2013 s143
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

D3221/15

BETWEEN

P O L I C E
Prosecution

A N D

TAUTALAFUA ALOPIO male of Savaia Lefaga and Tafaigata Prison
Defendant

Counsel:
Rexona Titi for Prosecution
Defendant unrepresented

Sentence: 7 March 2016

SENTENCING OF DCJ CLARKE

The Charge

1. The defendant appears for sentence on 1 charge of escape from lawful custody from Tafaiagata Prison on the 9^th July 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.
3. The defendant is one of five 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 9^th July 2015, the defendant and other prisoners were assigned “to do their usual tasks of cleaning at Tafaigata.” Upon the Prisoners return from doing their usual work, Police Officers realized that the defendant was missing. The Police then searched for the defendant and the defendant was eventually found at his house on the 12^th August 2015. The defendant had been out of Police custody for a period exceeding 1 month. He was then subsequently interviewed by Police, cautioned and charged for the offence for which he now appears for sentence.

Background of the defendant

5. The defendant is Tautalafua Alopio, a 21 year old male of Savaia Lefaga. He is single and has no children. He is serving a two year period of imprisonment for arson, which period commenced on 21 November 2014. He is therefore due to complete his sentence later this year.

Aggravating features of the offending

6. The aggravating features of the offending are:
   1. The defendant breached the trust of the authorities in him to carry out cleaning work;
   2. Police and Prison resources were expended in searching for him; and
   100. The defendant escaped and was outside of lawful custody for a period exceeding one (1) calendar month.

Mitigating features of the offending

7. The mitigating features in respect of the offending was that:
   • (a) He does not appear to have resisted his re-apprehension; and
   • (b) There was no violence or threats associated with his escape.

Aggravating features in respect of the offender

8. The aggravating factor in respect of the offender is that he has a prior conviction for a serious offence of arson.

Mitigating features in respect of the offender

9. The Defendant entered a guilty plea at the first available opportunity and expressed some remorse for his offending before the Court.

Discussion

10. It is of concern to the Court the ease with which prisoners appear to escape from lawful custody. For the defendant, he appears on the Summary of Facts to have decided to leave the prison when tasked for his cleaning duties. He escaped from the Prison without any apparent planning and forethought. That a Prisoner can do so with such apparent ease is embarrassing for the prison authorities and is clearly a matter that needs to be addressed with urgency, if not already addressed.
11. The defendant who is 21 years old is not a career criminal. He has one prior conviction for arson and told the Court that he spoke with humbleness and that he had learnt his lesson and apologized for what he had done. He also told the Court he loves his family.
12. On 19 February 2016, 5 escaped prisoners including the defendant appeared for sentencing for escape from lawful custody. When prisoners escape from lawful custody, fear pervades the community 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 this defendant a desire to complete his remaining sentence without again escaping from custody.

• 13. The maximum penalty for escape from prison or 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 four (4) months imprisonment. Based on your aggravating factors as an offender, I will add one month imprisonment bringing your term of imprisonment to 5 months. I will deduct for your guilty plea at the first opportunity and other mitigating factors 2 months. This leaves a term of imprisonment of three (3) months imprisonment.

Sentence

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

Judge Leiataualesa Daryl M Clarke