Police v Fuimaono [2010] WSSC 81 (13 July 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

FILI FAULALO FUIMAONO,
male of Leulumoega-tuai and Fugalei
First Defendant

AND:

PULE LIU,
male of Foua Salelologa and Lalovaea
Second Defendant

Presiding Judge: Justice Slicer

Counsel: F Lagaaia & T Nelson for the prosecution
T Atoa for the second defendant

Hearing: 5, 6, 7 and 8 July 2010
Sentencing: 13 July 2010

Charge: Robbery

SENTENCE

1. Pule Liu and Fili Faulalo have been found guilty of robbery contrary to the Crimes Ordinance 1961, section 92. The maximum penalty for the crime is 10 years imprisonment. The facts of the case are stated in the Reasons for Decision delivered on 8 July 2010.
   
2. Pule & Fili carried out the robbery. The planning had been done by one or two other men. But it was these two who had used violence in a planned theft of property. The theft was from a family home. The offenders were made aware that the wife of the victim would be at work but they knew that the house was occupied.
   
3. They went to the door but the victim refused to let them in. One or both then kicked down the door and forced entry into the home. Fili was armed with a knife and a large rock. The victim was threatened, but when he said there was no money in the house was beaten by Fili. Fili struck him to the head with the rock. He caused serious injury to the victim. The hitting and punching of the victim to the head and face was unnecessary. The life of the victim was endangered. Pule was present during the violence and is legally responsible for that violence as well as the theft.
   
4. Pule took a television set, an iron and some jewelry, none of which has been recovered.
   
5. The two boys left the injured victim aged 73, helpless and at risk inside the house.
   
6. The defendants were each aged 18. Both have previous convictions for theft. Both have been to prison. Neither showed remorse for their conduct or the harm done to the victim.
   
7. They are still young and will be treated as youthful offenders. But they are not children and must be responsible for their own violence.
   
8. The court has regard to cases such as Police v Samuelu & Anor [2008] WSSC 29 and Police v Latu [2008] WSSC 59. In the former case no weapon was used, and the defendants pleaded guilty. In the latter case a weapon was used but the sentence reduced because of the plea of guilty and the previous good record of the offender. Here neither mitigating matter is present.
   
9. Robbery involves violence. Violence is a risk to the life a person in their own home. It has become more common.
   
10. I will make some small allowance for Pule. He was aware of the risk of violence and the presence of the rock and the knife. But he might not have thought that Fili would have hit as hard as he did, or that the rock would be used to the head.
    
11. Fili is serving time for escaping from custody. His release date is November or December 2010. The court will order that part of his sentence be concurrent with that already being served. Regard is had to the principle of totality. He will commence his sentence as and from his date of conviction. The appropriate sentence will be 5 years imprisonment. I will allow 6 months deduction for totality and order the balance to commence as and from 8 July. He will serve 4 years and 6 months as and from 8 July. He will be eligible for parole in 2 years and 3 months.
    
12. I would have given Pule an allowance of 6 months for his lesser part in the crime. The order would have been 4 ½ years imprisonment, but it will be reduced to 3 years in accordance with the principle of totality and should be cumulative to that sentence or sentences currently being served. It will commence from when the existing sentences are finished.
    

ORDERS

1. Fili Faulalo is sentenced to 4 years and 6 months imprisonment as and from 8 July 2010. He will be eligible for parole in 2 years and 3 months.
   
2. Pule Liu is sentenced to 3 years imprisonment and is cumulative to sentences currently being served. It will commence from when the existing sentences are finished.
   

JUSTICE SLICER