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Police v Eteuati [2010] WSSC 50 (28 May 2010)
IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN:
THE POLICE
Informant
AND:
VAIAO ETEUATI,
male of Asau
Defendant
Presiding Judge: Justice Slicer
Counsel: L Taimalelagi for Prosecution
R Faaiuaso for Defendant
Sentencing: 28 May 2010
Charge: Burglary (x2) and Theft (x2)
SENTENCE
- Vaiao Eteuati has pleaded guilty to informations alleging two events of Burglary and Theft against the Crimes Ordinance 1961 sections 85 and 101. The crimes were committed against a member of his family on two occasions in July 2009 and November 2009.
- On the first occasion, he entered the house and took a chainsaw which he had hid. He later sold that chainsaw to a man for $450 tala.
Five months later he again went to the complainant's house and took a grass-mower and hid it. The chainsaw and grass-mower have been
returned.
- When he was interviewed by police, he made admissions and has entered a plea of guilty. He is entitled to the benefit of that plea.
- The pre-sentence report shows that he is a first offender. He is aged 27, lives in a relationship and has no child. Others speak well
of him. A pre-sentence report suggests that he was desperate for money which resulted in him committing these crimes. It is said
that he shows remorse.
- He now has employment and is now able to care for his family. It is not necessary to send him to prison.
- The orders of the Court are as follows:
ORDERS
- Vaiao Eteuati is convicted of the crimes of Burglary and Theft.
- In relation to informations D1167/10 and D1168/10 he will serve 100 hours of community service
- In relation to informations D1169/10 and D1170/10, he will appear in Court when called upon to answer for a period of 12 months. He
will be subject to probation for that period.
- He will pay compensation to Tusi Ape in the sum of $450 tala.
JUSTICE SLICER
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URL: http://www.paclii.org/ws/cases/WSSC/2010/50.html