Police v Faapoi [2014] WSSC 81 (13 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Faapoi [2014] WSSC 81

Case name:	Police v Faapoi
Citation:	[2014] WSSC 81
Decision date:	13 December 2014
Parties:	POLICE v UEPA FAAPOI
Hearing date(s):
File number(s):	S3697/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Honourable Chief Justice Sapolu
On appeal from:
Order:	- Sentenced to 8 months imprisonment on each of the two charges. - Both sentences to be concurrent so that in effect the accused will serve a sentence of 8 months imprisonment for both charges. - Sentence to commence at the expiry of the accused’s current sentence of imprisonment.
Representation:	R Titi for prosecution Accused in person
Catchwords:	Burglary – theft – maximum penalties - aggravating features – committing offences of similar nature -supervision revoked –- sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 s.174 and s.161
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S3697/14

BETWEEN

P O L I C E
Prosecution

A N D

UEPA FAAPOI male of Vailoa, Faleata, and Tafaigata Prison.
Accused

Counsel: R Titi for prosecution

Accused in person

Sentence: 16 December 2014

S E N T E N C E

1. The accused who is a 17 year old male appears for sentence on one charge of burglary, contrary to s.174 of the Crimes Act 2013, which carries a maximum penalty of ten years imprisonment and on one charge of theft, contrary to s.161 of the Act, which carries a maximum penalty of one year imprisonment pursuant to s.165 (d). To both charges the accused pleaded guilty at the earliest opportunity.
2. The victim is a Fijian lady who stays in her employer’s house at Vaigaga. On Friday 31 October 2014 at around 6:00pm in the morning, the victim locked all the doors of her house before she left for work. In the afternoon of the same day, the accused, who is serving a term of imprisonment at Tafaigata prison for burglary and theft, escaped from prison and went to the house where the victim is staying. He was able to enter the house by picking the lock of the front sliding door forcing it to open. He then removed the timber which was laid at the bottom of the sliding door on the inside and gained access into the house. Once inside, he looked around for something to steal. He found a DVD player and a Fijian jersey which he took and left the house. The DVD player is valued at $250 and the Fijian jersey is valued at $150.
3. When the victim returned from work in the evening, she discovered that someone had broken into the house and the DVD player and the Fijian jersey were missing. On that same day, the accused was reported to the police to be seen with the stolen items at a laundromat at Vaigaga. The police were able to find the accused and took him back to Tafaigata prison. On Monday 3 November 2014, the burglary of the victim’s house was reported to the police. When the accused was questioned by the police about this burglary, he admitted to burgling the victim’s house and stealing items of property from it.
4. As shown from the pre-sentence report, the accused told the probation service that he sold the jersey for $10 but the DVD player was returned to the police.
5. This is not the first time the accused has appeared before the Courts on charges of burglary and theft. In 2010 he was convicted of burglary and theft and sentenced to 2 years supervision. In 2012, his term of supervision was revoked when he again committed offences of a similar nature. In 2013, he was again convicted and sentenced to 2 years imprisonment on three charges of burglary and two charges of theft. He was still serving that sentence when he escaped from Tafaigata prison and committed the present offences.
6. The aggravating features in relation to this offending are home invasion and the fact that it was committed whilst the accused was serving a term of imprisonment for similar offences and that he escaped from prison and committed the present offences. On that basis, I will take 9 months as the starting point for sentence. I will add on 3 months for the accused’s previous convictions for similar offences. That increases the starting point to 12 months. I will then deduct 1/3 or 4 months for the early guilty plea. That leaves 8 months.
7. The accused is sentenced to 8 months imprisonment on each of the two charges against him. Both sentences to be concurrent so that in effect the accused will serve a sentence of 8 months imprisonment for both charges. This sentence is to commence at the expiry of the accused’s current sentence of imprisonment.
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Honourable Chief Justice Sapolu