Police v Schuster [2011] WSSC 4 (17 January 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

PANI SCHUSTER
male of Alamagoto.
Defendant

Counsels: F E Niumata for prosecution
Defendant unrepresented

Sentence: 17 January 2011

SENTENCE

This defendant appears for sentence on a charge of assaulting the complainant with intent to rob him of a cellular phone. The summary of facts relates that the defendant is a 20 year old of the village of Alamagoto and the complainant is a 24 year old from Sinamoga. And that the defendants assault consisted of grabbing the victim by his shirt. The defendant was intoxicated at the time but of course that is no excuse for his actions. The summary goes on to state that the defendant also made the victim kneel before him and that he threatened him with a rock before he robbed him of the cellular phone and also it would appear some earrings.

This is not the defendants first appearance before the court. He has a pervious conviction for assault in November 2009. And he has been prosecuted by the probation for failing to complete the community service hours that he received as a sentence for that offence in 2009. So the defendant has already been given a chance and was spared imprisonment on that occasion by the court. He seems to have treated that opportunity with complete disregard in not bothering to complete his community service hours as ordered by the court. The present offence shows that he is graduating to worse crimes. The defendant requires a lesson about breaking the law and how the sort of behaviour that he engaged in is unacceptable. He should also require a lesson that if he gets a chance from the court a smart person makes use of it.

On the charge of assault with intent to rob the complainant of a cellular phone, the defendant is convicted and sentenced to 3 months in prison to be followed by 12 months supervision on the normal terms and conditions. The community service hours outstanding and unserved by the defendant are to be served during that 12 month supervision period. O isi tulaga faanofo vaavaaia masalo e faamalamalama atu e le ofisa ia oe pe a maea ona tuli lou faasalaga faafalepuipui.

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