Police v Fugaipaogo [2014] WSSC 84 (24 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Fugaipaogo [2014] WSSC 84

Case name:	Police v Fugaipaogo
Citation:	[2014] WSSC 84
Decision date:	24 December 2014
Parties:	POLICE v SIULEPA FUGAIPAOLO
Hearing date(s):
File number(s):	S3696/14
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. Sentence to commence at the expiry of the accused’s current sentence of 2 months imprisonment.
Representation:	F Lagaaia for prosecution Accused in person
Catchwords:	Theft – maximum penalty – gravity of offending - sentence
Words and phrases:
Legislation cited:	Crimes Act 2013, s.161
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S3696/14

BETWEEN
P O L I C E

Prosecution

A N D

SIULEPA FUGAIPAOGO male of Lotopa.
Accused

Counsel:
F Lagaaia for prosecution
Accused in person

Sentence: 24 December 2014

S E N T E N C E

1. The accused Siulepa Fugaipaogo appears for sentence on one charge of theft, contrary to s.161 of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment under s.165 (b). To the charge the accused pleaded guilty at the earliest opportunity.
2. As it appears from the prosecution’s summary of facts, on Tuesday 14 October 2014, the accused entered the complainant’s office at the Samoa Blind People’s Association and stole his laptop while the complainant was away from his office. Upon discovery that his laptop was missing, the complainant informed the police.
3. On Friday 17 October 2014, the police received a call that the accused was drunk outside the RSA Club. When the police attended to the call, they found the accused carrying a laptop bag. When the police opened the bag they found in it a laptop. This was later indentified to be the complainant’s missing laptop. The accused was charged with theft of the laptop which is valued at $2,000.
4. The accused is 37 years old. He is currently unemployed with no permanent address. He has previous convictions for drunkenness in 2007, theft in 2008, indecent act and insulting words in 2013, and theft in 2014. This last conviction for theft was entered in 11 November 2014. It was after the accused had committed the present offence in October 2014.
5. I will set a starting point for sentence at 9 months given the gravity of the offending. I will add on 2 months for previous convictions. That brings up the starting point to 11 months. I will then deduct 3 months for the early guilty plea. That leaves 8 months.
6. The accused is sentenced to 8 months imprisonment. This sentence is to commence at the expiry of the accused’s current sentence of 2 months imprisonment.
   

Honourable Chief Justice Sapolu