Police v Viliamu [2015] WSSC 139 (23 February 2015)

IN THE SUPREME COURT OF SAMOA
Police v Viliamu [2015] WSSC 139

Case name:	Police v Viliamu
Citation:	[2015] WSSC 139
Decision date:	23 February 2015
Parties:	The Police (Prosecution) Tafi Leo Viliamu, male of Toamua. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of burglary convicted and sentenced to 21 months in prison cumulative to any prison term that you are currently serving. Time spent in custody awaiting sentence on this matter to be deducted. On the second charge of theft there is no evidence the properties in this matter have been recovered. Convicted and sentenced to 18 months concurrent term.
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:

THE POLICE
Prosecution

AND:

TAFI LEO VILIAMU, male of Toamua.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 23 February 2015

SENTENCE

1. There are three charges against this defendant. I note however that information S4486/14 which is a charge of burglary is a duplicate charge. Accordingly that charge is withdrawn and dismissed. That leaves S4482/14 a charge of burglary of the complainants house and S4483/14 a charge of stealing of the complainants properties. To those charges the defendant has pleaded guilty.
2. According to the police summary of facts admitted by the defendant he is a 21 year old male of Toamua single and unemployed. The complainant is a resident of Australia and Toamua and at the time of the offending was in the country visiting her family.
3. On Friday, 05 December at about 10:00 pm at night the complainant had just arrived from Australia and was at his home in Toamua. The complainants partner placed her brown bag behind the bed of the bedroom in the house where they were sleeping. The defendant told the probation office that on this particular night the complainant and her partner were entertaining relatives and friends and there was a party on at the house. After the party the couple fell asleep. In the early morning hours of the next day 06 December the defendant broke into the house and took the brown bag from the side of the bed. Inside the bag was a pink purse with $1,000.00 in cash and AUD$50. There was also one Samsung phone, one Iphone 4 and one Iphone 5. Total value of the properties that were inside the bag $3,500.00.
4. This was taken by the defendant and he told the probation office that the next day he came to Apia town and spent the money on going to the movies, food and clothes. This is not the defendants first appearance in court, he has a previous conviction for burglary and theft for which he served a prison term in 2012.
5. It is unfortunate at your young age which is said to be 21 years you have become a professional burglar. The only foreseeable future for people like you Tafi is Tafaigata. Unless by your own decision your own hands you change your ways. It is up to you, your life is controlled by you and no one else. But I can tell you that you keep breaking into peoples houses the court will have no hesitation sending you back to prison.
6. Burglary carries a 10 year maximum penalty. Considering all the factors of your case a 2 years start point for sentence is appropriate. Uplifted to 2½ years for your previous conviction. But there are deductions which by law you are entitled to Tafi which I will make. Firstly for your guilty plea a one-quarter deduction of sentence a period of 7½ months leaves a balance of 22½ months. Deduction for this is made because your guilty plea has saved the court and the police time and resources. Pre-sentence report indicates your mother went and made a personal apology to the couple in question. They accepted the apology. There should be some reflection of your mothers apology for your actions in your sentence. For that I will deduct 1½ months from your balance. Leaves 21 months.
7. On the charge of burglary convicted and sentenced to 21 months in prison cumulative to any prison term that you are currently serving. Time spent in custody awaiting sentence on this matter to be deducted.
8. On the second charge of theft there is no evidence the properties in this matter have been recovered. Convicted and sentenced to 18 months concurrent term.
   

JUSTICE NELSON