Police v Taua [2006] WSSC 60 (30 November 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TOA TAUA aka TOA SEVE or TOA OLIANA
male of Leauvaa-uta.
Accused

Counsel: A Lesā for prosecution
Accused in person

Sentence: 30 November 2006

SENTENCE

The charge

The accused is charged under s.92 of the Crimes Ordinance 1961 with the offence of robbery which carries a maximum penalty of 10 years imprisonment. To the charge the accused has pleaded guilty at the earliest opportunity.

The offending

On Saturday morning, 26 August 2006, at about 9am, the accused and a group of friends were having drinks at the Cappuccino Vineyard Café and Bar at the ACB Building at Matafele in Apia. After a few drinks, the victim left for the restroom where the accused followed him. In the restroom, the accused punched the victim from behind. The victim fell down and sustained injuries to his head. The accused then searched the victim. He found and removed a wallet that contained $400 cash and business cards and then went off in a taxi.

The victim was subsequently taken to the hospital for treatment to his injuries. A medical report obtained by the police show the victim to have suffered a laceration to his scalp, approximately 3cm long, which required stitches.

The victim

The victim is a 37 year old Indo Fijian male. He is employed by a local building construction company.

The accused

The accused is a 31 year old male from the village of Leauvaa. His pre-sentence report shows that he is a person who has no respect for other people. He has also been banished from his village.

The accused also has a number of previous convictions including: three for burglary, seven for theft, four for escape from lawful custody, and one for unlawful conversion. The pre-sentence report also shows that the accused was serving a term of probation for another theft conviction in the District Court when he committed the present offence.

It is clear from the accused’s previous convictions card and pre-sentence report that the accused has had opportunities to rehabilitate himself through the terms of probation and a suspended sentence imposed by the Courts on him in the past. Unfortunately, the accused continues to re-offend by committing crimes which involve dishonesty such as burglary, theft, unlawful conversion, and now robbery.

Mitigating circumstances

The accused’s plea of guilty at the earliest opportunity is the only mitigating circumstance in this case.

Aggravating circumstances

The one punch delivered by the accused must have been quite forceful for it to cause the victim to fall down. As a result of the assault, the victim sustained a lacerated scalp wound, about 3cm long, which required stitches. The fact that the accused was on probation for a theft conviction in the District Court when he committed the present offence is also a relevant factor. So is the amount of money that was stolen. The accused’s past criminal record is also relevant.

Another factor which I consider to be relevant and aggravating is the fact that the victim is a foreigner. The drive by the various sectors of the community to attract foreign capital, skills and expertise for the development of the country is well known. Robbing foreigners who come to Samoa, like the victim in this case, of their money and properties threatens to undermine that drive for the development of the country. It is of particular concern that the victims of robbery cases that have come before this Court in the recent past have been foreigners.

The decision

In this case considerations of retribution and deterrence should clearly take priority over other considerations. It is a matter of determining the length of the custodial sentence.

After weighing up the mitigating and aggravating circumstances, and having regard to the gravity of the crime of robbery and the past criminal record of the accused, the accused is convicted and sentenced to 3 years imprisonment.

CHIEF JUSTICE

Solicitor
Attorney General’s Office, Apia, for prosecution