Police v Mealoi [2014] WSSC 128 (16 April 2014)

IN THE SUPREME COURT OF SAMOA
Police v Mealoi [2014] WSSC 128

Case name:	Police v Mealoi
Citation:	[2014] WSSC 128
Decision date:	16 April 2014
Parties:	Police (Prosecution) Lewis Sale Mealoi, male of Lotopa and Saleaumua Aleipata. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On this offence Lewis you will be convicted and sentenced to 10 months in prison. Your time in custody awaiting sentence is to be deducted.
Representation:	L Sio 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:

POLICE
Prosecution

AND:

LEWIS SALE MEALOI, male of Lotopa and Saleaumua Aleipata.
Defendant

Counsel: L Sio for prosecution
Defendant unrepresented

Sentence: 16 April 2014

SENTENCE

1. This defendant has pleaded guilty to stealing a number of items to a total value of $1,350.00 belonging to the complainant. The police summary of facts says he is a 35 year old male of Lotopa and Saleaumua married with four children and works as a taxi driver. The complainant is a 36 year old male of Lepa also living in Saleaumua.
2. It appears that what occurred is the complainant travelled in the defendants taxi after a family fa’alavelave. He put into the defendants taxi alaga povi, finemats, pusa pisupo, taga talo all to the total value of $1,350.00. Instructed the defendant to go to the Treasure Garden where the complainant went into the restaurant to see his daughter. When the complainant came out the defendant and his taxi and the complainants faalavelave goods had vanished.
3. The poor complainant waited and waited but the defendant never came back. The defendant instead sold the ietoga and pusa pisupo and took the alaga povi and the sack of taro to his family. The complainant reported the matter to the police. The police were able to recover the leg of beef and the taro but not the finemats and pusa pisupo which the defendant probably sold. The complainant has not seen the defendant since the day of this matter indeed the defendant has not been around to apologise for what he did.
4. The maximum penalty for what you did is 7 years in prison. Because some of the goods were recovered normally this offence could have been punishable by a fine. But you have a previous conviction in 2011 for this same offence theft. On that occasion Lewis you were fined by the court you were spared imprisonment. You were given a chance. You have unwisely not used it. People who are given chances by the court Lewis should use them because there are no second chances.
5. Prosecution has said that a 2 year start point for penalty should apply. I agree but that would include an uplift for your previous conviction. For your guilty plea Lewis I will deduct one-quarter of the penalty that is 6 months leaves a balance of 18 months. Even though you yourself had not apologised the probation office have confirmed that your sister approached the complainant and apologised on your behalf. The victim accepted the apology and has forgiven you for what you did. But he leaves the matter to the court. I will give you credit for that apology by your sister a credit of 6 months leaves a balance of 12 months. To reflect the fact that some of the goods were recovered I will deduct a further 2 months from that 12 months leaves a balance of 10 months.
6. On this offence Lewis you will be convicted and sentenced to 10 months in prison. Your time in custody awaiting sentence is to be deducted.
   

JUSTICE NELSON