Police v Tualima [2015] WSSC 104 (21 September 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tualima [2015] WSSC 104

Case name:	Police v Tualima
Citation:	[2015] WSSC 104
Decision date:	21 September 2015
Parties:	Police (prosecution) and Taulauniu Tualima, male of Luatuanuu and Satapuala (defendant)
Hearing date(s):	-
File number(s):	S2518/15, S2519/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	For these two offences you are convicted and placed on Probation for a period of 12 months on conditions that you do 20 hours community work and you will undertake any programme recommended by the Probation Service.
Representation:	F Lagaaia and L Sio for prosecution Accused in person
Catchwords:	Burglary – liable to 12 months imprisonment, repaid restitution – court accept apology – placed on probation with conditions.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TAULAUNIU TUALIMA male of Luatuanuu and Satapuala
Defendant

Counsel: F Lagaaia and L Sio for prosecution
Unrepresented

Sentence: 21 September 2015

S E N T E N C E

1. Defendant you appear for sentence on a charge of burglary which carries a maximum penalty of 10 years and theft for which you are liable to 12 months imprisonment.
2. You obviously planned the break in on the day in question; you were caught by a security camera installed on the premises. You entered the premises and stole about $70 tala cash that was in the till. I note from the Probation report that you are 18 years of age and you have previous convictions but not for related offences. I also notes from the pre-sentence report that your father has apologised and repaid the money to the complainant but the restitution was rejected by the complainant as a signal of her full forgiveness of you for your offending.
3. For your offending in 2014 you were given a chance by District Court. You have apologised to the Court and you have undertaken that you will not reappear for any kind of offending in the future.
4. The Probation Service has recommended that I place you on Probation and I will accept that recommendation because I have decided to accept your apology that you have given to the court.
5. For these two offences you are convicted and placed on Probation for a period of 12 months on conditions that you do 20 hours community work and you will undertake any programme recommended by the Probation Service.
   

JUSTICE VAAI