Police v Hiroshi [2011] WSSC 66 (4 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

HIROSHI aka
HERO LAFAELE male of Taufusi
Defendant

Counsels: Ms T Toailoa for prosecution
Defendant unrepresented

Sentence: 04 April 2011

SENTENCE

The defendant here is also not a first offender and is currently serving an imprisonment term for burglary and theft. The summary of facts relates he is an 18 year old male of Taufusi and that the victim in this matter is a 19 year old male of Lepea.

On Sunday 2 January at around mid-night the victim and a friend were walking along Taufusi to catch a taxi home. In front of the Lucky Foodtown Supermarket they came upon the defendant and his acquaintances. The defendants group approached the victim and his group wished them a happy new year and asked the victims friend for $1. The victims friend gave the defendant the $1 and the summary states that the defendant then grabbed the cell phone being held by the victims friend. The victim intervened and asked the defendant to return the cell phone at which point the defendants friend then punched the victim on his jaw while the defendant held on to the victim. The summary states the defendant then grabbed the victims other cell phone and the defendant and his friend ran away.

Although what was involved in this case was a cell phone and a $1 which is relatively minor property the way it was committed indicates that it is a serious matter. Too much of this wanton nonsense involving young people occurrs late at night on our streets. Your record Hero indicates that you seem to be becoming a habitual offender with theft matters and you have now graduated to robbery. Let me give you some free advice - you better mend your ways because there is no future doing what you are doing except Tafaigata Prison.

Considering all the circumstance of this matter in respect of the charge of theft and I am assuming that it is theft of one cell phone because the charge does not specify whether it is one or two cell phones that you are being charged with. And bearing in mind that you have a previous conviction for this sort of offence. For this matter you will be convicted and sentenced to 6 months in prison, that is cumulative to your present term of imprisonment.

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