Police v Taufao [2010] WSSC 156 (18 October 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

1. TANIELU TAUFAO @ DANIEL TAUFAO, male of Toamua and Piu Falealili;
2. NIU TENARI, male of Vailoa and Piu Falealili.
Defendants

Counsel: F. Vaai for prosecution
DefendantS unrepresented

Sentence: 18 October 2010

SENTENCE

The defendants are charged with the thefts of fire extinguishers from their then employer one of the local hotels in Apia. I must say the court has found the charges in the summary of facts submitted very confusing as the two do not match up. I will deal firstly with the offender Tanielu Taufao.

He has three charges against him. S1812/10 alleging that on 9 September 2010 he stole 7 fire extinguishers from his employer. The second charge is S1820/10 which alleges that during the month of June this year he stole two large extinguishers valued at $99.00 each and one medium extinguisher valued at $85.00 each the properties of his employer. The third charge is that on the 9 September this year he stole one medium sized extinguisher valued at $85.00. However the summary of facts submitted by the Attorney Generals Office only refers in paragraph 3 to the theft of two extinguishers in the month of June 2010 and it is not certain whether these are medium or large extinguishers. Paragraph 4 of the summary in the use of its words "again removed" suggests that the extinguishers were medium sized extinguishers. The summary of facts in paragraph 4 also refers to the theft of "one medium" extinguisher on the 9 September. There is no reference in the summary to theft of seven extinguishers.

This means there is no evidence in support of charge S1812/10 which is the primary charge against this defendant, that charge is accordingly dismissed. In respect of the charge S1820/10 I will amend that to read two medium sized extinguishers to a total value of $170.00 in order to accord with what is in the summary of facts which the defendant has admitted to. Charge S1821/10 stays as it is because the summary of facts paragraph 4 refers to that theft. The defendant therefore is up for sentence on only two charges and in respect of two medium sized extinguishers in June this year and one medium sized extinguisher on the 9 September this year . In total he is charged with stealing 3 medium sized extinguishers to the value of $255.00.

The case of his co-defendant Niu Tenari is equally confusing. There are three charges on file against this defendant: S1814/10 alleging that on the 9 September 2010 he stole 7 extinguishers valued at $99.00 each, charge S1819/10 which alleges that on the 9 August 2010 he stole one extinguisher valued at $89.00 and a further charge S1818/10 which involves the theft of 2 medium extinguishers but which charge was withdrawn before the Chief Justice on 27 September this year. He therefore is facing two charges S1819/10 of the theft in August 2010 of 1 extinguisher but as for the S1814/10 alleging he stole 7 extinguishers the summary of facts reveals that he only stole 1 extinguisher. I will therefore amend that charge to reflect what is in the summary of facts namely the theft of one extinguisher on 9 September. The end result Niu is you are only facing two charges of theft of 1 extinguisher per charge a total of two extinguishers with a combined value of less than $300.

If the two of you did steal any more extinguishers they have been extinguished by the confusion in this case. You are both first offenders who have pleaded guilty and owned up to your stupid actions. It has been confirmed to the court this afternoon by the probation office that all the stolen goods have been returned to the complainant company. That is a factor to be taken into account in your matter.

O le a lē tu'u atua se fa'aiuga fa'afalepuipui Niu ma Tanielu i lenei aoauli ae a lua toe faia se mea fa'apea e sili ona oulua o mai sauni i se fa'asalaga mamafa. O lea o le a fa'asala tupe le fa'aiuga o le lua mataupu ae o le sala tupe lena e mo le asō lava, ma e tatau foi ona totogi ae lei oo ile taimi lea e fa'atapulaa e totogi ai aua a leai e mafai ona oulua falepuipui.

These defendants in respect of this matter will be convicted and fined $200. In addition to that each defendant will pay $50 probation office costs plus $50 police costs. The total sum of $300 is to be paid by 4 pm Friday 22nd October this week in default three (3) months in prison.

Had the prosecution summary of facts been in order the defendants may well have been facing heavier penalties than the fines that have been given to them.

JUSTICE NELSON