Police v Thompson [2014] WSSC 8 (7 February 2014)

SUPREME COURT OF SAMOA

Police v Thompson [2014] WSSC 8

Case name: Police v Thompson

Citation: [2014] WSSC 8

Decision date: 7 February 2014
Parties:
POLICE (prosecution) and LESAISAEA ANISI THOMPSON male of Sataua and Leauvaa

Hearing date(s):

File number(s):

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU

On appeal from:

Order:
Representation:
L Su’a-Mailo for prosecution
Accused in person

Catchwords:
suspended sentence, intentional damage to property

Words and phrases:

Legislation cited:
Crimes Act 2013 s.184 (2) (a)

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINU’U

FILE NO: S76/14

BETWEEN

P O L I C E

Prosecution

A N D

LESAISAEA ANISI THOMPSON male of Sataua and Leauvaa.

Accused

Counsel: L Su’a-Mailo for prosecution

Accused in person

Sentence: 7 February 2014

S E N T E N C E

1. The accused appears for sentence on one charge of causing intentional damage to property contrary to s.184 (2) (a) of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment. To the charge he pleaded guilty at the earliest opportunity.
2. It appears from the prosecution’s summary of facts that on Sunday 29 December 2013, the accused was intoxicated when his sister came to him that his mother wanted to talk to him about their family’s saofai preparations. When the accused went to his mother he was asked for financial contribution to the saofai preparations. The accused who must have been sick and tired of too many faalavelaves became angry and replied that that is not appropriate as it is a matter for his mother and her brothers. He then picked up the TV set and threw it on the floor damaging it; he also picked up the sewing machine and threw it on the floor damaging it; and then pushed the dish safe down smashing the safe into pieces together with all the dishes in it. He also grabbed the bicycle and smashed it on the ground damaging it. The accused’s sister called the police who came and took the accused to the police station.
3. The accused has apologised to his mother and this matter has been reconciled and settled within the family. His mother has requested that the charge against his son be withdrawn. The accused also told the Court that the damaged properties belong to him and he has promised his mother that he will replace all of them. The accused is a carpenter by trade.
4. The accused who is 42 years old is also a first offender and it appears from the testimonials from his mother and his church to have been a person of good character prior to this offending. He expressed deep remorse and promised that he will not appear in Court again.
5. In all the circumstances, I have decided not to impose a custodial sentence. Instead, the accused is given a suspended sentence of 6 months. If he does not re-offend within that time then that is the end of this matter.
   

CHIEF JUSTICE

Solicitor
Attorney General’s Office, Apia for prosecution