Police v Obrien [2013] WSSC 42 (15 June 2013)

SUPREME COURT OF SAMOA

Police v Obrien [2013] WSSC 42

Case name: Police v Obrien

Citation: [2013] WSSC 42

Decision date: 15 April 2013
Parties:
POLICE v FRED OBRIEN, male of Faleula

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:
Representation:
L Taimalelagi for prosecution
Defendant 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

FRED OBRIEN, male of Faleula.

Defendant

Counsel: Ms L Taimalelagi for prosecution

Defendant unrepresented

Sentence: 15 April 2013

SENTENCE

The defendant is one of three who robbed a man and a woman of cell phones behind the government building late at night. The defendants at the time were all drunk. The court Fereti has sent your friends to jail already for what they did. Because the message that must go out is if you engage in this kind of behaviour you will likely go to prison.

There is no reason for a different penalty to be applied to your case. You are going to join your friends in prison. My advice to you is when you get out find some new friends.

I take into account the fact that you have pleaded guilty to both the charges facing you and it also means that you are sorry for what you did. As you know you have recent previous convictions. I cannot therefore treat you as a first offender. But I accept this is your first robbery. Probation has already been tried with you, it has failed because you have re-offended.

You are therefore going to be sentenced to the following terms: for information S332/13 the robbery of the I-phone worth $1,000 you are convicted and sentenced to 3 months in prison. On the second charge of robbery of the Nokia phone valued at $450 from the other complainant I note that phone was not recovered. On that charge you will be convicted and sentenced to 1 month in prison but that is cumulative to the 3 months.

O lona uiga e 4 masina lou taimi mo moliaga ia e lua. A iai se taimi sa e nofo taofia ai e faatalitali le faaiuga o le mataupu lenei e toesea mai le 4 masina lena. Ua e malamalama i le faaiuga o lau mataupu? (Defendant indicated he understood).

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

JUSTICE NELSON