Police v Pogi [2014] WSSC 156 (28 July 2014)

IN THE SUPREME COURT OF SAMOA
Police v Pogi [2014] WSSC 156

Case name:	Police v Pogi
Citation:	[2014] WSSC 156
Decision date:	28 July 2014
Parties:	POLICE (Prosecution) FASIOTA also known as FASIOKA POGI, male of Saleilua Falealili. (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:	For the charge of arson you will be convicted and sentenced to 2 years in prison effective immediately.
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:

FASIOTA also known as FASIOKA POGI, male of Saleilua Falealili.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 28 July 2014

SENTENCE

1. The defendant appears for sentence on one count of committing arson. The police summary of facts which he has accepted says that he is a 30 year old male of Saleilua Falealili employed as a carpenter. The complainant is also a resident of Saleilua Falealili residing there in his wifes family.
2. On Saturday 7^th June this year at about 11:00 pm a party took place at the complainants house. After the party dispersed one of the complainants employees stayed and slept at the Samoan style restaurant of the complainant. The defendant was not part of this drinking party but the material before the court indicates that he had been drinking elsewhere that night.
3. Between 2:00 and 3:00 am that night the defendant went to the complainants restaurant. He was carrying coconut shells filled with ashes which had been doused in kerosene. He placed these by the post of the complainants restaurant and lit them. This caused a fire to break out which spread to the roof which was made of thatch. Fortunately the complainants employee awoke and grabbed water and successfully put out the fire. But not before the fire had destroyed the thatch roof of the restaurant as well as two feet of the ceiling.
4. The complainants employee then advised the complainant of the fire and the matter was reported to the police. The following day the defendant was apprehended and interviewed and admitted to the police he was the one who set fire to the restaurant.
5. It appears from the documents before the court that there is a history between the defendant and the complainant. Relating to some dispute regarding the complainants repair bill for the defendants fathers car and other matters. The complainant not only owns a restaurant but also owns an engineering shop and a retail shop. The differences and bad feelings between the defendant and the complainant led to the drunken defendant setting the fire. It is fortunate that the drunken defendants efforts failed and that only part of the restaurant was damaged. As a result of all this the defendant has pleaded guilty to the crime of arson.
6. Arson is a serious criminal offence it carries a 14 year maximum penalty by law. The defendants record indicates that this is not his first brush with the law. He has a list of court appearances dating back to 2007 for offences of violence and also for drunkenness. Clearly the defendant has anger management problems and issues with alcohol.
7. In mitigation this morning the defendant has asked the court to give him a chance or a “avanoa.” For the sake of his family. However a perusal of his record indicates that he has already been given five “avanoas” by the courts of this country. On each of those occasions the court could have sent him to prison but did not. The defendant has failed to learn anything from those previous court appearances. No more chances are available. An imprisonment term is entirely appropriate for the defendant and for his actions.
8. Considering all the circumstances of your case including the extent of the damage to the restaurant a 2 to 3 year start point is appropriate for your case. I take the higher term to reflect your previous convictions. That is a start point of 3 years in prison. From that you are entitled Fasiota to certain deductions which I will now make on your behalf. For your guilty plea I will deduct one-quarter of the term a period of 9 months. Leaves a balance of 27 months.
9. The pre-sentence report indicates that you have a good background of service to your family, to your community and to your ekalesia. There is a testimony from your Bishop as well as from your pulenuu attached to that report. To reflect those matters I will deduct 3 months from the balance of your sentence leaves 24 months. Had there been a reconciliation perhaps some further deduction could have been made Fasiota, but it appears none has been done in this case.
10. For the charge of arson you will be convicted and sentenced to 2 years in prison effective immediately.
    

JUSTICE NELSON