Police v Gasologa [2021] WSDC 5 (16 March 2021)

IN THE DISTRICT COURT OF SAMOA
Police v Gasologa [2021] WSDC 5 (16 March 2021)

Case name:	Police v Gasologa
Citation:	[2021] WSDC 5
Decision date:	16 March 2021
Parties:	POLICE (Informant) v GEONITTA SEFO a.k.a GASOLOGA, female of Fagalii-uta (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	District Court of Samoa, Mulinuu
Judge(s):	Judge Mata’utia Raymond Schuster
On appeal from:
Order:	I therefore find that it is fair and just that the imprisonment term of the defendant be set aside and substituted with time served. The defendant has already served 47 days of her imprisonment term.
Representation:	R. Ah Ching for the Informant Defendant Unrepresented
Catchwords:	Setting aside warrant of imprisonment
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

GEONITTA SEFO a.k.a GASOLOGA, female of Fagalii-Uta

Defendant

Counsels: Mr R. Ah Ching for prosecution
Defendant unrepresented

Decision: 16th March 2021

SETTING ASIDE WARRANT OF IMPRISONMENT

1. The defendant appeared before me for sentencing on three charges committed on 16 December 2020. Two charges relate to theft of a .22 semi-automatic rifle and a mobile phone. The third charge relates to intentional damage of a chain link fence valued at $50. The defendant entered guilty pleas on all charges.
2. In considering the circumstances of the defendant towards determining a fair and just penalty for her offending, it was brought to my attention that the defendant was sentenced on the 29 January 2021 in the Faamasino Fesoasoani Court for one (1) charge of failure to comply pursuant to section 40O of the Road Traffic Ordinance Amendment Act 2002 (hereinafter referred to as “the Act”) and one charge of unlicensed driver pursuant to section 27 of the Act. These offence were committed on 31 July 2019. The defendant was convicted and sentenced to three months imprisonment.
3. There are no notations as to the charges of 31 July 2019 considered by the Faamasino Fesoasoani except for the handwritten words “convicted and sentenced to 3 months in jail” on the 29^th January 2021. I found the sentence of the defendant in the Faamasino Fesoasoani Court severe and harsh given the circumstance considering that the maximum imprisonment for offences under section 40O is six (6) months and $200 monetary fine for unlicensed driving.
4. The defendant was informed if she wished to appeal her sentence of imprisonment and she answered in the affirmative. The prosecution Mr Ah Ching was given the opportunity to respond and was also of the opinion that the sentence was severe.
5. I therefore find that it is fair and just that the imprisonment term of the defendant be set aside and substituted with time served. The defendant has already served 47 days of her imprisonment term.
   

MATA’UTIA RAYMOND SCHUSTER
DISTRICT COURT JUDGE