Police v Aliimatafitafi [2011] WSSC 24 (16 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

SEMISI ALIIMATAFITAFI male of Malifa and Leone.
Defendant

Counsels: Ms P Valoia for prosecution
Defendant unrepresented

Sentence: 16 February 2011

SENTENCE

The summary of facts in this case which the defendant has accepted relates that he is a 21 year old single male of Malifa and Leone. The complainant is 18 years of age and is a student at one of the local colleges and is from Tuanaimato.

On Monday night the 10th January this year the complainant and a group of friends were walking along the seawall in front of Gregs shop at Tamaligi in Apia. The complainant and his group came across the defendant and his group on the seawall. As the complainants group went past the defendants group the defendant called out to the complainant if he could use his mobile telephone. The complainant gave his telephone to the defendant and after using it the defendant refused to return it and told the complainant and his group to leave before he does something to them. The summary continues that the defendant also took the complainants cap and $10.00 from him. And that the complainant left the area and reported the matter to the police station. That has led to the defendants appearance today on a charge of robbery to which he has pleaded guilty. There is a further charge contained in the defendants file of breaking a window while he was in custody a charge to which he also entered a plea of guilty. But that second charge does not have an accompanying summary of facts and I therefore do not know the circumstances from which it arises. Accordingly I will focus on the primary charge which is the robbery.

This sort of behaviour is not uncommon on the seawall late at night. It is senseless, reckless, stupid and can lead to violence and people who do it should be dealt with appropriately. I note that this is not the defendants first encounter with the law because he has previous convictions. Convictions for offences of violence including one for burglary and theft for which he was imprisoned in 2005. It is clear that Semisi has learned nothing from those previous encounters with the law. And the probation office pre-sentence report reads as follows:

"The defendant has had a troubled background with no sense of belonging. Prior to his remand in custody he was living in a transient life style under the bridge presumably the Vaisigano bridge and living the life style of a career criminal. His families who live locally have had enough of his troublesome behaviour which has constantly landed him in court. Semisi has no remorse and no willingness to be a better citizen and is a high risk offender putting the undue safety of the community in jeopardy."

If you are a career criminal there is only one place for career criminals, it is called the University of Tafaigata. Enjoy your stay there. For the offence of robbery you will be convicted and sentenced to 6 months in prison.

In respect of the second offence of breaking a window for which no summary has been provided that probably is an offence that should be dealt with by the District Court. The defendant will therefore be remanded to appear at the next mention of the District Court Tuesday 22 February in respect to be dealt with on that charge. In respect of the unserved hours that the probation report refers to I leave that to the probation office to take the necessary actions again in the District Court.

The time that Semisi has spent in custody awaiting sentence has already been taken into consideration in assessing the penalty of 6 months.

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