Police v Faulalo [2016] WSDC 5 (7 March 2016)

DISTRICT COURT OF SAMOA
Police v Faulalo [2016] WSDC 5

Case name:	Police v Faulalo
Citation:	[2016] WSDC 5
Decision date:	7 March 2016
Parties:	FRAZER FAULALO male of Leulumoega and Tafaigata Prison
Hearing date(s):
File number(s):	D3218/15
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 cumulative
Representation:	R Titi for National Prosecution Office
	Defendant unrepresented
Catchwords:
Words and phrases:
Legislation cited:	Criminal Act 2013 s143
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

D3218/15

BETWEEN

P O L I C E
Prosecution

A N D

FRAZER FAULALO male of Leulumoega and Tafaigata Prison
Defendant

Counsel:
R Titi for National Prosecution Office
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 16^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.
3. The defendant is one of eight prisoners who appeared before the Court on 19 February 2016 for sentencing for escape from lawful custody.

The Offending

4. The Summary of Facts accepted by the defendant is that on the 16^th August 2015, the defendant and other prisoners were released from their prison cells to undertake usual duties at the vegetable garden. While the prisoners were working on the vegetable garden, the defendant left the prison property and started walking on the road. A member of the public contacted a Police Officer at Tafaigata Prison and informed the Police Officer that they saw the defendant walking along the main road heading towards Falelauniu.
5. The Police Officer then went by vehicle in search of the defendant. When the defendant saw the Police vehicle, he immediately approached the Police vehicle and asked for forgiveness and then offered his cell phone and money to the Police officer, who refused the offer.
6. At Tafaigata P:rison, he was ‘locked in the brick cell’ and was restricted from being released for any further duties.

Background of the defendant

7. The defendant is Frazer Faulalo, a 31 year old male of Leulumoega. He is single and serving a period of imprisonment at Tafaigata Prison. The defendant can only be described at this point in his life as a career criminal. He has been dealt with variously in the Supreme Court and District Court of Samoa on 16 occasions, excluding this occasion. This excludes two other dealings in the Courts which he disputed when his Prior Conviction record was read to him. These relate to many and varied offences from burglary and theft, unlawful entry, breaking prison, escape to possession of narcotics. He told the Court he has seven (7) years left to serve in prison.

Aggravating features of the offending

8. The aggravating features of the offending are:
   1. The defendant breached the trust of the authorities in him to carry out work in the vegetable garden without escaping; and
   2. The defendant offered a benefit to the apprehending Police officer.

Mitigating features of the offending

9. The mitigating features in respect of the offending was that:
   • (a) on his location by Police on the main road, the defendant did not attempt to escape capture but immediately approached the Police officer and asked for forgiveness; and
   • (b) his period outside of lawful custody was only temporary and short-lived.

Aggravating features in respect of the offender

10. There are a number of aggravating factors in respect of the offender as follows:
    • (a) The defendant has a previous conviction from 2010 for escape for which he received a suspended sentence of two (2) years not to re-offend;
    • (b) He has a long list of offending since 2003, from when he was 18 years of age to date and is as described above, a carrer criminal;
    • (c) He escaped from prison whilst still having 7 years left to serve; and
    • (d) The defendant has demonstrated little to no respect for the law or sentences imposed upon on him by the Courts.

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 offending before the Court.

Discussion

12. It is of concern to the Court the ease with which prisoners can escape from lawful custody. For the defendant, he simply appears on the Summary of Facts to have decided to walk out of the prison and did so with no planning or forethought. That a Prisoner can do so with such apparent ease is embarrassing for the prison authorities and clearly a matter that needs to be addressed with urgency, if not already addressed.
13. The defendant has a long history of offending since 2003 from when he was approximately 18 years of age. Since that time, he has been in and out of prison and unfortunately for the community, in and out of private homes unlawfully. To this, he has added for a second occasion for which he appears for sentencing, escape from lawful custody. His incarceration has apparently failed to bring any meaningful change to his life. In mitigation, he told the Court he has a change of thinking and appreciates the need to change his life and he has asked God for help. He asks the Court for mercy.
14. On 19 February 2016 where 8 escaped prisoners appeared for sentencing, escape from lawful custody by prisoners is now apparently all too common an offence. When prisoners escape from lawful custody, fear pervades the community. 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 reform his life and complete his remaining sentence without again escaping from custody.
15. 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 three (3) months imprisonment. To that, you are not a person of good character and have previously escaped from custody before. Based on your aggravating factors as an offender, I will add two months imprisonment bringing your term of imprisonment to 5 months. I will deduct for your guilty plea and your remorse 2 months. This leaves a term of imprisonment of three months.

Sentence

16. 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