Police v Ioane [2014] WSSC 203 (1 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2014] WSSC 203

Case name:	Police v Ioane
Citation:	[2014] WSSC 203
Decision date:	01 December 2014
Parties:	POLICE (Prosecution) FALEATA IOANE male of Salani 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:	I agree with the prosecution a 12 months start point is applicable for this re-offender. I am going to reduce that to 9 months because of your guilty plea. But that period of imprisonment is to be followed by 12 months supervision on the following conditions, the usual conditions to apply plus the following special additional conditions: firstly, you are to attend any rehabilitation programmes as directed by the probation office; Secondly you are to live only where approved by the probation office and thirdly, you are to obey all other instructions of the probation office during your period of supervision. Any time you have been in custody awaiting sentence is to be deducted from your 9 months prison sentence. Ua e malamalama i le faaiuga o lau mataupu Faleata? (Defendant indicated he understood).
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:

FALEATA IOANE male of Salani Falealili.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 01 December 2014

SENTENCE

1. Faleata appears for sentence on charges of burglary and theft. The police summary of facts which he admitted this morning says he is a 28 year old male of Salani Falealili and the victim is a 45 year old male of Salani Falealili and is a relative of the defendant. The victim is married with children and owns a shop at Salani. The victim lives about 100 meters behind his parents house which he also looks after. The victim currently stays at the parents house but uses his own house to shower and change and that is where all his belongings are kept.
2. On Wednesday, 17 September at about 1:00 a.m. in the morning, the defendant went into the victims house without his permission, went to the victims suitcase and removed the following items: 3 pairs of jeans valued at $45.00 each; 5 t-shirts valued at $30.00 each; 3 lavalavas valued at $5.00 each; 1 CD case valued at $40.00; Total value of the properties stolen by the defendant was $340.00.
3. When asked about these properties by a friend the defendant told him that it had been sent to him by his older brother. The defendants friend mentioned this to the victim and when the victim went to his house to shower and change he discovered items were missing from his suitcase. The victim concluded it was the defendant who took the items. The defendant was summoned and questioned and he admitted to what he had done and gave the victim his items. The matter was reported to the police by the defendants family leading to his court appearance today.
4. Faleata also has a previous conviction record in 2007 for wilful damage and burglary. On that occasion he was not sent to prison but was given a non custodial penalty. In 2009 the defendant also appeared before the court on at least one charge armed with a dangerous weapon namely a bush knife. So this is the third time the defendant has appeared before the law in recent years.
5. In the documents before the court there has been no expression of remorse by the defendant for what he did. When the court gave him the chance to say something this morning he had nothing to say. There is no question in this background imprisonment is necessary and appropriate for this defendant to protect people of his family and village from him. Hopefully the defendant will learn his lesson and stop breaking into peoples houses and stealing from them.
6. I agree with the prosecution a 12 months start point is applicable for this re-offender. I am going to reduce that to 9 months because of your guilty plea. But that period of imprisonment is to be followed by 12 months supervision on the following conditions, the usual conditions to apply plus the following special additional conditions: firstly, you are to attend any rehabilitation programmes as directed by the probation office; Secondly you are to live only where approved by the probation office and thirdly, you are to obey all other instructions of the probation office during your period of supervision.
7. Any time you have been in custody awaiting sentence is to be deducted from your 9 months prison sentence. Ua e malamalama i le faaiuga o lau mataupu Faleata? (Defendant indicated he understood).
   

JUSTICE NELSON