Police v Elame [2014] WSSC 159 (4 August 2014)

IN THE SUPREME COURT OF SAMOA
Police v Elame [2014] WSSC 159

Case name:	Police v Elame
Citation:	[2014] WSSC 159
Decision date:	04 August 2014
Parties:	POLICE (Prosecution) ELAME ELAME, male of Nonoa Saleimoa (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 charge of theft Elame you will be convicted and sentenced to 18 months in prison. Remand in custody time if there is any is to be deducted
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:

ELAME ELAME, male of Nonoa Saleimoa.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 04 August 2014

SENTENCE

1. The defendant appears for sentence having pleaded guilty to the charge that on 29 March this year he did steal one lawnmower valued at $900.00 and one electric saw valued at $1,200.00 the properties of the complainant a female of their village of Saleimoa. Police summary of facts which he admitted this morning says he is from Saleimoa, unemployed, has no dependents. It also says the defendant and complainant are relatives and live close to each other at Saleimoa.
2. On the day in question at about 7:00 a.m. in the morning complainant and her husband went to visit their plantation leaving their two young children at home asleep in their house. They returned about noon and noticed that things had been moved around. They checked and found the lawnmower and the electric saw were missing. They asked their children who did not know anything. They met however two other villagers who told them that they had seen a person walking up the road carrying a lawnmower and electric saw. People from the village went after this person and found it was the defendant. They took the items off him and returned it to the complainant and her husband.
3. The matter was referred to the police and at police interview the defendant admitted to removing the lawnmower and electric saw from under the complainants bed in their house. The defendant was charged with the theft and as stated has pleaded guilty to the charge.
4. The victim impact report from the complainant states this is not the first time this sort of thing has happened between them and the defendant. The defendant has taken other items from their house previously and sold it but they never complained to the police about it because he is a relative. This time they have had enough and they reported the matter.
5. This is not the first time the defendant has been in trouble with the law. Pre-sentence report indicates that he appeared before this court in December last year on a charge of burglary and theft. On that occasion I gave him a chance and ordered he serve community service and probation supervision. Probation office report notes that he did not adhere to his probationary sentence. In other words the defendant was given a chance by the court and he has not made use of it.
6. I told you Elame when you last appeared before the court that if you reoffend do not expect any more chances. You must have thought I was joking. You have not learned from your previous experience Elame. I do not believe your expression of remorse I have heard that before from you. A stronger deterrent sentence is now required.
7. The maximum penalty for this offence Elame is 7 years in prison. Considering all the circumstances of your matter an appropriate start point is 2 years in prison. I upgrade that to 2 ¼ years to reflect your previous conviction last December. You are entitled to a deduction for your guilty plea because that has saved some time of the court. Because of that and the other circumstances in your favour I will reduce the penalty to 18 months in prison for this matter.
8. On this charge of theft Elame you will be convicted and sentenced to 18 months in prison. Remand in custody time if there is any is to be deducted.
   

JUSTICE NELSON