Police v Amani [2011] WSSC 114 (8 August 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

AHEE AMANI male of Matautu-uta.
Defendant

Counsels: Ms F E Niumata for prosecution
Mr F K Ainuu for defendant

Sentence: 08 August 2011

SENTENCE

The defendant in this matter appears for sentence on charges of burglary and theft. He is 21 years of age of Matautu-uta, single and worked as a taxi driver. The complainant company is one of the local supermarkets which has and operates a branch at Matautu-uta.

The summary of facts which the defendant through counsel has admitted states as follows: the theft occurred on the night of Sunday 30 January 2011. Locked in the company safe that evening was the amount of $11,910.05 being the takings of the company from sales of its products. Only the head cashier had the keys to the safe. The summary states that earlier that Sunday 30 January 2011 the defendant was approached by a friend one Taumafai Samau to help break into the companys safe and steal the monies. The defendant contacted an acquaintance of his named Visesio Aso and solicited the help of Visesio in respect of the break in. The three of them hatched a plan to effect the break in and the burglary was physically carried out by Visesio Aso with the assistance of the defendant and the co-defendant Taumafai Samau who was an employee of the complainant company.

The break in was successful and after it was completed the defendant together with his two co-defendants met up and divided the stolen money. The burglary and theft would probably have gone undetected had it not been for the companys security cameras which uncovered what had happened. This only goes to reinforce the value of having such burglar detection devices on premises of companies where large amount of cash are kept.

The defendant therefore is one of three people who were involved in planning and carrying out this burglary and theft. The robbery was well prepared, well executed and successful. There is nothing before me to indicate that any of the proceeds were recovered and returned to the company. For their part in this break in the co-defendant Taumafai was sentenced to 3 years in prison. The other co-defendant Visesio who carried out the actual burglary was sentenced to 2 years in prison as there were mitigating factors present in relation to him.

Your role in this matter I accept was as your counsel has indicated lesser than your co-defendant. But you were still part of a well planned, well executed break in and you fully partook in division of the stolen proceeds. Only a slightly lesser penalty for your role in this matter is therefore warranted. But that imprisonment is warranted is beyond question because this was an organized and as I stated a well planned and carried burglary.

I take into account that you are a first offender who has pleaded guilty and all the other factors in your favour referred to in your pre-sentence report as well as by your counsel. In respect of this matter you will be convicted and sentenced to 18 months in prison.

............................
JUSTICE NELSON