PacLII Home | Databases | WorldLII | Search | Feedback

District Court of Samoa

You are here:  PacLII >> Databases >> District Court of Samoa >> 2016 >> [2016] WSDC 54

Database Search | Name Search | Recent Decisions | Noteup | LawCite | Download | Help

Police v Pesamino [2016] WSDC 54 (13 October 2016)

DISTRICT COURT OF SAMOA
Police v Pesamino, Levasa [2016] WSDC


Case name:
Police v Pesamino, Levasa


Citation:
[2016] WSDC


Sentence:
13 October 2016


Parties:
POLICE v SOLA AUVAE PESAMINO, male of Nuu and Fasitoo tai and FILIPO LEVASA, male of Nuu fou and Samalaeulu Savaii


Hearing date(s):



File number(s):
D3711/16, D3712/16, D3713/16, D3714/16, D3715/16, D3716/16, D3717/16, D3718/16, D3719/16, D3720/16.


Jurisdiction:
CRIMINAL


Place of delivery:
District Court Samoa Mulinuu


Judge(s):
JUDGE LEIATAUALESÃ D M CLARKE


On appeal from:



Order:
  1. For you Sola, you are sentenced as follows:
    • (a) Information D3711/16, 5 month imprisonment start point uplifted to 6 months for the aggravating features personal to you. I deduct 2 months for your early guilty plea. You are therefore convicted and sentenced to 4 months imprisonment less time served. On your release, you are placed under the supervision of the Probation Service for 12 months on the special condition that (1) you are to successfully complete an alcohol and spiritual counseling program as directed by the Probation Service and (2) you are not to consume alcohol;
    • (b) For Information D3712/16 and D3714/16, you are convicted and sentenced to 3 months imprisonment to be served concurrently to D3711/16,
    • (c) For the charges of being armed with a dangerous weapon and throwing stones, you are convicted and sentenced to 1 month imprisonment to be served concurrently with Information D3711/16, D3712/16 and D3714/16.
  2. For you Filipo, are sentenced as follows:
    • (a) For information D3711/16, you are sentenced to time served whilst remanded in custody. On your release, you are placed under the supervision of the Probation Service for 12 months on the special condition that (1) you are to successfully complete an alcohol and spiritual counseling program as directed by the Probation Service and (2) not to consume alcohol;
    • (b) For Information D3712/16 and D3714/16, you are convicted and sentenced to 2 months imprisonment to concurrent to D3711/16,
    • (c) For the charges of being armed with a dangerous weapon and throwing stones, you are convicted and sentenced to 1 month imprisonment served concurrent with Informations D3711/16, D3712/16 and D3714/16.
  3. This means Filipo that you have now completed your sentence of imprisonment.


Representation:

Ms I Atoa for National Prosecution Office
Defendant in person


Catchwords:
Intentional Damage (4), Throwing Stones (4), Armed with a Dangerous Weapon (2)


Words and phrases:



Legislation cited:
Crimes Act 2013 s.184(2) & s.33 – Police Offence Ordinance 1961 s.25& s.26.



Cases cited:
Police v Kelemete [2014] WSSC 10 (17 February 2014), Police v Faamati [2013] WSSC 81 (2 October 2013), Police v Leilua [2016] WSSC 52, (Police v Pesaleli [2014] WSSC 13 (3 March 2014)


Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU


BETWEEN


POLICE
Informant


A N D


SOLA AUVAE PESAMINO, male of Nuu and Fasitoo tai and FILIPO LEVASA, male of Nuu fou and Samalaeulu Savaii
Defendants


Counsel:
Ms I Atoa for National Prosecution Office
Defendant in person


Sentence: 13 October 2016


SENTENCING DECISION OF JUDGE CLARKE

  1. Sola Pesamino and Filipo Levasaa, you both appear for sentencing on the following charges:

The Offending

  1. On the evening of the 18th June 2016, you were both consuming alcohol at Nuu-fou. At around 12.30am, you had both become intoxicated and then armed yourselves with stones and then threw those stones at the property belonging to Laiese Meaalofa. A number of cars were parked in the property and damaged by your stone throwing. The damage caused by you both were as follows:

The Accused

  1. You Sola are a 23 year old male of Nu’u-Fou and Fasitoo-tai. You are unmarried and unemployed. You Filipo are a 25 year male of Nu’u-Fou and Samalaeulu Savaii. You are unmarried and have no children.

The Victim

  1. There are 3 victims to your offending. They are the owners of the cars damaged by you both. These victims are Maselina Nauer, Ulugia Matau Matafeo and Laise Mealofa.

Aggravating features of Offending

  1. The aggravating features of your offending are as follows:

The mitigating features of your offending

  1. There are no mitigating features in respect of your offending.

The aggravating factor relating to you as an Offender:

  1. Sola, you have a prior conviction for drunkenness and resisting and misleading Police entered on 21 October 2015. Filipo, you have no prior convictions so there are no aggravating features personal to you as an offender.

The mitigating factors relating to you as an Offender:

  1. The only mitigating factor to your offending is your early guilty pleas.
  2. You both told the Court that you are remorseful for your actions. I do not accept that you are remorseful as you have failed to apologise to the victims, you have not met with them nor have you made any contribution towards payment of the damage caused by you both. Furthermore, your expressions of remorse in Court lacked any sense of genuineness.

Discussion

  1. The offences committed by you both are serious offences. This is reflected by the maximum penalty that may be imposed by the Court in terms of the charge of intentional damage having an imprisonment term of up to 7 years. You have pleaded guilty each to 3 charges of intentional damage, each carrying a maximum penalty of 7 years.
  2. The value of the damage caused by you both out of your actions on this night was significant and amounted to $4,400.00. You both became intoxicated and without any regard to the property or safety of others, threw stones in to Laiese Meaalofa’s property with the intention of damaging the cars there. You did this at 12.30am when families were at rest. Having caused that damage, you have taken no responsibility to make good the damage you have caused to the innocent victims of your actions.
  3. Offences committed by you both have become an all too common type of offending in our community. Offenders consume alcohol, become intoxicated and then start to throw stones and damage property or injure people without regard to the consequences of those actions on others. This conduct is unacceptable and has become of serious concern to the Courts of Samoa. As a result, sterner sentences have been imposed. In Police v Kelemete [2014] WSSC 10 (17 February 2014), His Honour Sapolu CJ clearly flagged this concern and the necessity for deterrence in sentencing, even in the case of first offenders. His Honour Sapolu CJ stated:

The penalty

  1. For you Sola, you are sentenced as follows:
    • (a) Information D3711/16, 5 month imprisonment start point uplifted to 6 months for the aggravating features personal to you. I deduct 2 months for your early guilty plea. You are therefore convicted and sentenced to 4 months imprisonment less time served. On your release, you are placed under the supervision of the Probation Service for 12 months on the special condition that (1) you are to successfully complete an alcohol and spiritual counseling program as directed by the Probation Service and (2) you are not to consume alcohol;
    • (b) For Information D3712/16 and D3714/16, you are convicted and sentenced to 3 months imprisonment to be served concurrently to D3711/16,
    • (c) For the charges of being armed with a dangerous weapon and throwing stones, you are convicted and sentenced to 1 month imprisonment to be served concurrently with Information D3711/16, D3712/16 and D3714/16.
  2. For you Filipo, are sentenced as follows:
    • (a) For information D3711/16, you are sentenced to time served whilst remanded in custody. On your release, you are placed under the supervision of the Probation Service for 12 months on the special condition that (1) you are to successfully complete an alcohol and spiritual counseling program as directed by the Probation Service and (2) not to consume alcohol;
    • (b) For Information D3712/16 and D3714/16, you are convicted and sentenced to 2 months imprisonment to concurrent to D3711/16,
    • (c) For the charges of being armed with a dangerous weapon and throwing stones, you are convicted and sentenced to 1 month imprisonment served concurrent with Informations D3711/16, D3712/16 and D3714/16.
  3. This means Filipo that you have now completed your sentence of imprisonment.

JUDGE LEIATAUALESÃ D.M. CLARKE



PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/ws/cases/WSDC/2016/54.html