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

1. 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.
   
2. 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.
   
3. 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.
   
4. 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.
   
5. He now has employment and is now able to care for his family. It is not necessary to send him to prison.
   
6. The orders of the Court are as follows:
   

ORDERS

1. Vaiao Eteuati is convicted of the crimes of Burglary and Theft.
   
2. In relation to informations D1167/10 and D1168/10 he will serve 100 hours of community service
   
3. 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.
   
4. He will pay compensation to Tusi Ape in the sum of $450 tala.
   

JUSTICE SLICER