Police v Faaifo [2013] WSSC 70 (4 September 2013)

SUPREME COURT OF SAMOA

Police v Faaifo [2013] WSSC 70

Case name: Police v Faaifo

Citation: [2013] WSSC 70

Decision date: 4 September 2013
Parties:
POLICE (prosecution) and SEAGAI FAAIFO male of Vailoa Aleipata (accused)

Hearing date(s):

File number(s): S796/13

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): Chief Justice Patu Falefatu Sapolu

On appeal from:

Order:
Representation:
F E Niumata for prosecution

Catchwords:

Words and phrases:
Legislation cited:
Crimes Act 2013

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

FILE NO: S796/13

BETWEEN

P O L I C E

Prosecution

A N D:

SEAGAI FAAIFO male of Vailoa Aleipata.

Accused

Counsel: F E Niumata for prosecution

Accused in person

Sentence: 4 September 2013

S E N T E N C E

The charge

1. The accused appears for sentence on the charge of causing intentional damage to property, contrary to s.184 (2) (a) of the Crimes Act 2013, which carries a maximum penalty of seven years imprisonment. To the charge, the accused pleaded guilty at the earliest opportunity.

The offending

2. It was on Saturday night 11 May 2013 around 11pm. The accused and his friends who are from the village of Vailoa, Aleipata, went to the bar at the next-door village of Lalomanu for drinks. Because of their inappropriate clothing, they were refused entrance by the taulele’a of Lalomanu who were present. This made the accused and his friends angry and an argument ensued.
3. The taulele’a of Lalomanu then informed the complainant who is a matai of Lalomanu that was inside the bar. The complainant came out and told the accused and his friends that they were not permitted into the bar because of their inappropriate clothing. He also instructed the accused and his friends to go home. On their way to their car, the accused broke a side mirror of the complainant’s Toyota Hiace Van that was parked nearby. The complainant has had to spend $300 to buy a new side mirror for his van.

The accused

4. The accused is a 54 year old male of Vailoa, Aleipata. He is married and is presently working on his family’s plantation. He is a first offender and the testimonial from his father shows him to have been a person of good character prior to the commission of this offence.

Aggravating and mitigating factors

5. The only aggravating factor in relation to this offending is the breaking by the accused of the side mirror of the complainant’s van after being refused permission to enter the bar at Lalomanu because of inappropriate clothing. The mitigating factors in relation to the accused as offender is the fact that he is a first offender and had been a person of good character prior to the commission of this offence that he pleaded guilty at earliest opportunity.

The decision

6. Having regard to all the circumstances of this case, the accused is fined $200 to be payable in 7 days, in default, 6 weeks imprisonment. He is also ordered to pay $300 compensation within 10 days to the complainant for the cost of the new side mirror of his vehicle.
   

CHIEF JUSTICE

Solicitor

Attorney General’s Office, Apia, for prosecution