Police v Taua [2009] WSSC 57 (8 May 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TOA TAUA,
male of Leauvaa.
Accused

Counsels: Ms L. Taimalelagi for the prosecution
Defendant unrepresented

Sentence: 8 May 2009

SENTENCE

The defendant in this case appears for sentence on two charges one of robbery and one of assault with intent to rob. The summary of facts which the defendant has admitted to states that he is a prisoner at Tafaigata and he was released at the relevant time on week-end parole and on 24 January 2009 the defendant caught the complainants taxi at Fugalei Market and travelled to Falelauniu. He directed the taxi off the main road to an unsealed road. There he punched the complainant in the eye with a bottle and forced the complainant out of the taxi. The defendant drove off in the taxi and used the money that he found in the vehicle to buy alcohol. The following day he was apprehended by the police still driving around in the taxi.

The defendant has pleaded guilty to both charges and robbery carries a maximum penalty of ten (10) years imprisonment. Assault with intent to rob carries a maximum of five (5) years. The defendant has a long list of previous convictions for burglary and theft, unlawful conversion and in 2006 for robbery. He was serving these terms of imprisonment when he committed the present offences.

In mitigation he has apologized to the court and blames the offending on alcohol. He has pledged to me that this is his last court appearance. I do not for one minute believe him. His record says otherwise and alcohol is no excuse for anything. He says he is happy with prison life that is good because that is where he will be spending a great deal of his time. There is a clear need to protect society from such offenders and a clear need to protect taxi drivers from such violence. As the court said in Police v Samuelu [2008] WSSC 29:

"Robbery aggravated by injuries to the victim calls for sentences towards the top range."

The aggravating factors of this offending are summarized correctly in the prosecutions written submissions. The fact that the robbery was premeditated, the use of violence and force in the robbery, the use of a weapon, the fact that the assault caused the victim severe injuries. The victim impact report states as follows: "Not only was there damage to the taxi involved but the victims right eye has been scarred by where he was hit by the defendant". Also relevant is the vulnerability of the victim who was 70 years of age at the time of the attack and finally the extensive previous conviction record of the defendant including his last conviction for robbery.

The only factor in your favour defendant is the guilty plea which I do take into account because it has saved the courts time. However the offences are violent and penalties of imprisonment are required. On the charge of robbery you are convicted and sentenced to five (5) years in prison cumulative to your present terms. On the offence of assault with intent to rob that is part and parcel of the robbery offence you are convicted and discharged without penalty.

JUSTICE NELSON