Police v Siaki [2013] WSSC 29 (28 March 2013)

SUPREME COURT OF SAMOA

Police v Siaki [2013] WSSC 29

Case name: Police v Siaki

Citation: [2013] WSSC 29

Decision date: 28 March 2013

Parties: POLICE and AFATIA SIAKI, male of Faleula. First Defendant and VASE VASE male of Faleula. Second Defendant

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:
Representation:
Ms L Taimalelagi for prosecution
Defendants unrepresented

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

THE POLICE

Prosecution

AND

AFATIA SIAKI, male of Faleula.

First Defendant

AND

VASE VASE male of Faleula.

Second Defendant

Counsel: Ms L Taimalelagi for prosecution

Defendants unrepresented

Sentence: 28 March 2013

SENTENCE

The summary of facts which the defendants have accepted indicates that the first named defendant Afatia is a 23 year old male of Faleula single works as a gardener. Second named defendant Vase Vase is 21 year old single male also of the same village of Faleula. The first victim is a 21 year old male of Vaitele-uta and the second victim is a 19 year old female of Auckland New Zealand and Mulifanua.

The summary states that on the evening of Saturday 16 February this year at about 7:30 pm the two defendants and an accomplice were walking along the seawall behind the Government building at the Eleele-fou. The defendants were drunk. They saw the two victims male and female sitting on the seawall also consuming alcohol. The three men formulated a plan to rob the victims. They approach the victims and the police summary says the defendant Afatia kicked the male victim in the face. The male victim fought back. And while they were fighting the defendants accomplice grabbed the phones of the victim that were lying on the seawall. Vase and the accomplice then fled the scene and were shortly joined by Afatia who also fled the scene.

The victim reported the matter to the police and described their attackers. The male victim was robbed of a Nokia phone valued at $450 and the female victim was robbed of her I-phone valued at $1,000. The police investigated and were able to locate the I-phone and returned it. It would seem from the summary that the Nokia was not recovered.

The defendants were eventually apprehended by the police and have been charged with robbery of each of the victims. They pleaded guilty to these charges. The defendant Afatia Siaki is a first offender where as his co-defendant Vase Vase has a previous conviction for burglary and theft in 2008.

Considering the many complaints about this sort of thing robbery of innocent people on the seawall at night seems to be a sport for certain drunken young men in our community. It is a nice dark area as we all know, it is secluded and is not well policed by the police. Perfect place for robberies after dark. And if you are going to walk there after dark you better be very aware of what is going on.

You two defendants are not the first to appear before this court involved in a robbery from this area. There have been many cases in the past and this sort of robbery is becoming prevalent. So the court has been imposing deterrent sentence of imprisonment in order to discourage you from doing this again and to discourage others from doing it. There is no justification that I can see for departing from that practice in your case.

I will deal firstly with the first named defendant Afatia Siaki. You are a first offender that is in your favour. I take that into account as well as your guilty plea Afatia which has saved the courts time and is an expression of your remorse which you also spoke about in mitigation. You said this is your first and last court appearance you should stick to that. But first you must pay the penalty for this matter.

In respect of these two charges you will be convicted and sentenced to 3 months imprisonment but that is to commence from the time you were first taken into police custody.

Vase you are not a first offender, you are a repeat offender with a recent previous conviction for burglary and theft. You were given a chance by the court on that occasion and placed on probation. You foolishly have failed to use that chance.

In respect of these two charges you will convicted and sentenced to 9 months in prison. Your remand in custody time is to be deducted.

.........................

JUSTICE NELSON