Police v Lautoka [2014] WSSC 133 (5 May 2014)

IN THE SUPREME COURT OF SAMOA
Police v Lautoka [2014] WSSC 133

Case name:	Police v Lautoka
Citation:	[2014] WSSC 133
Decision date:	05 May 2014
Parties:	Police (Prosecution) Tekauita Havea Lautoka, female of Tiavi, Malifa and Vaisala. (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:	In respect of the offence of burglary you will be convicted and sentenced to 6 months in prison. But your time spent in custody awaiting sentence is to be deducted from that. That term is to be followed by 12 months probation on the usual conditions of probation with the extra condition that during that probationary term you are not to consume alcohol of any form or to be found in any bars around Apia. On the charge of theft you will be convicted and ordered to perform 100 hours of community service as part of your probationary term.
Representation:	O Tagaloa 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:

TEKAUITA HAVEA LAUTOKA, female of Tiavi, Malifa and Vaisala.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 05 May 2014

SENTENCE

1. This defendant appears for sentence on one count of burglary and one count of theft. According to the summary of facts from the police which she accepted this morning she is 20 years of age of Vaisala and Tiavi. The complainant is a 42 year old male from India married to a Samoan girl and is a businessman.
2. On Saturday, 12 October at about 11:00 pm the defendant was on her way home after drinking with her friends at one of the local bars. She passed the complainants house and went to the back of the house. At the time no one was home. Broke into the house and stole miscellaneous goods being a mixture of food, clothes, shoes and jewellery. The total value of the items stolen was $1,624.00. After the defendant took the property she went home. The complainant returned to his house discovered the theft and called the police who made enquiries which led back to the defendant resulting in the charges against the defendant to which she has pleaded guilty.
3. Breaking into peoples homes and stealing their properties is sadly something that happens too often in our community, especially in the Apia urban area. The court in an effort to combat this problem issues deterrent sentences of imprisonment to people who do this sort of thing. A message to such people and to all young people if you burglarise a persons house in appropriate cases you go to jail even if you are a first offender who has pleaded guilty.
4. There is no reason not to apply that policy to your case Tekauita. But I accept you are young and made a stupid decision on this night in question on the way home after drinking. There is no evidence before me to indicate that you do this all the time or that you are a professional thief. If there were I would give you a longer jail term than what I am going to give you this afternoon. I will treat your case as opportunistic offending by somebody who was on their way home after consuming alcohol. A short term of imprisonment is required but I give you this warning. If you repeat this you will not get any more short terms. Ua manino lea tulaga Tekauita? (Defendant said yes).
5. In respect of the offence of burglary you will be convicted and sentenced to 6 months in prison. But your time spent in custody awaiting sentence is to be deducted from that. That term is to be followed by 12 months probation on the usual conditions of probation with the extra condition that during that probationary term you are not to consume alcohol of any form or to be found in any bars around Apia.
6. On the charge of theft you will be convicted and ordered to perform 100 hours of community service as part of your probationary term. Ia lelei ua e malamalama i le faaiuga o lau mataupu Tekauita? (Defendant indicated she understood).
   

JUSTICE NELSON