Police v Bourne [2013] WSSC 149 (16 December 2013)

SUPREME COURT OF SAMOA

Police v Bourne [2013] WSSC 149

Case name:	Police v Bourne
Citation:	[2013] WSSC 149
Decision date:	16 December 2013
Parties:	POLICE and VAAI PANAPA BOURNE, male of Vailele and Tafaigata Prison.
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:
Representation:	O Tagaloa and G Nelson for prosecution Defendant unrepresented
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Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE

Prosecution

AND:
VAAI PANAPA BOURNE, male of Vailele and Tafaigata Prison.
Defendant

Counsel: O Tagaloa and G Nelson for prosecution
Defendant unrepresented
Sentence: 16 December 2013

SENTENCE

1. Defendant appears for sentence on charges of escape from prison, burglary and theft. He is no stranger to the court he has been in and out of the court process for some 10 years. He has a large number of previous convictions and is what is known as a recidivist offender. It is very sad to see this young man dedicating his life to a life of crime. It is essential for the protection of society that he be returned to prison. So that Vaai must understand that every time he does this he will go back to jail. So that other like minded young men can understand that if you keep doing this that is your fate.
2. For the defendants information Parliament has now increased the penalty for burglary to 10 years. Because of Parliaments concern about the prevalence of this kind of offending. The police summary of facts indicates that these counts arise out of four or five incidents. It began on Sunday 7 July when the defendant and three other prisoners escaped from Tafaigata. They used sheets to climb over the prison wall. That night the defendant and two other prisoners walked to Palisi. Came across a house surrounded by a fence noted that there was a security guard there but he was sleeping. They climbed the fence tried to find a way to break into the house but could not. But in the course of that they damaged the hinge door lock of one of the doors. They did however find two back packs outside the front door of the house and they took those. Inside the back packs were snorkels and other swimming and diving gear. These items came to a total value of around $700. They took the bags and walked along the road. As they were walking they were noticed by a passing police car. The police gave chase. They threw the bags away and took off. As a result the defendant became separated from the other prisoners.
3. The defendant continued on to Tanugamanono and the next day removed louvers of a house and entered the house. He took some small items and left. Defendant kept walking to Faatoia and broke into another house opposite Vaimauga College by also removing louvers and climbing in. There were people asleep in the house and the defendant took a cell phone that was lying on one of the tables.
4. He kept on his journey and walked from Faatoia towards Vailele and at Vailele he broke into another house by entering through the unlocked back door. He did not take anything from this house as when he broke in there was someone in the house asleep. He left the house and kept walking towards Vailele-tai. And at another house opposite Samoa Primary School he stole a bicycle. He rode the bicycle to the property of his family at Vailele which is where the defendant sometimes resides. It was his family who took the defendant back to the prison.
5. He is charged with four counts of burglary as a result of this journey, three counts of theft and one count of escape from custody. When these charges were first called he initially pleaded not guilty. But on trial date changed his pleas to guilty. Hence Vaais appearance this afternoon for sentence. There is no question that considering his record that the penalty must be to return him back to Tafaigata Prison. The only question is how long he should be sent back considering the circumstance of this latest escape and series of break-ins.
6. As I have told you Panapa the new maximum penalty for burglary is 10 years in prison. In respect of these matters I consider 2 years a start point for sentence. That must be upgraded Panapa to 3 years because of your bad record. That must be upgraded by a further one year to reflect the fact that these offences were committed while you were escaped from prison. That means Vaai that the start point for your sentence is 4 years in prison. I will take away one year because of your guilty plea which has saved some time of the court. That leaves a balance of 3 years in prison. In respect of each of these burglary charges you will be convicted and sentenced to 3 years in prison. Each of the terms are to be concurrent to each other. But that 3 year term is to be cumulative to your present term of imprisonment.
7. On the charges of theft that you have pleaded guilty to you will be convicted and sentenced to 6 months on each charge all terms concurrent. In respect of the charge of escape you will be convicted and sentenced to 12 months in prison that term too is concurrent.
8. O lona uiga o le aotelega o le mataupu lenei Vaai e 3 tausaga e te nofo falepuipui ai mo mataupu nei ae e tuli eseese mai lou faasalaga lea e tuli i le taimi nei. Ua e malamalama i le faaiuga o lau mataupu? (Defendant indicated he understood). Lelei, ia talosia o le taimi mulimuli lea ta te toe feiloai ai Vaai.
   

JUSTICE NELSON