Police v Brown [2015] WSSC 143 (9 March 2015)

IN THE SUPREME COURT OF SAMOA
Police v Brown [2015] WSSC 143

Case name:	Police v Brown
Citation:	[2015] WSSC 143
Decision date:	09 March 2015
Parties:	The Police (Prosecution) Alexander Brown, male of Moataa. (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 18 months in prison. On the charge of theft convicted and sentenced to 12 months in prison concurrent terms.
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:

ALEXANDER BROWN, male of Moataa.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 09 March 2015

SENTENCE

1. The defendant has pleaded guilty to one count of burglary and one count of theft. The summary of facts which he has admitted says that he is a 36 year old male of Moataa married and unemployed. He is one of two defendants in this matter but his co-defendant has not appeared and is the subject of a warrant of arrest. On arrest he is to be remanded in custody. The complainant in this case is the Vice Principal of Vaimauga College. As this matter involves a break in into the College buildings.
2. The police summary of facts says that on the 10^th of December at about 1:30 in the morning the two defendants climbed the fence surrounding the college and entered the computer room. They broke the lock of the door with a screwdriver and entered the room. They also broke into the school net room and the Vice Principals room. They stole a laptop, a printer, a webcam, a TV and various other items. The police summary says the total value of items stolen was $7,210.00. When the burglary was discovered the college authorities reported the matter to the police and investigation led back to the two defendants resulting in the charges to which Alexander has pleaded guilty.
3. Alexanders previous conviction record has been produced before the court. I note that they are for different kinds of offending. But what is shown from that record is Alexander is a person who has appeared before the court before and was not sent to prison was given an “avanoa.” He has failed to make use of those “avanoa.” A different penalty is now necessary.
4. The maximum for burglary is 10 years in prison. The maximum for theft is 7 years in prison. This was obviously a planned break in committed in the early hours of the morning. It was a break in to a district school. Equipment that you stole is equipment that is used for the teaching of children and pupils of the school. And it is equipment that is worth a considerable amount of money. In the circumstances an imprisonment penalty is unavoidable.
5. Considering all the circumstances a 2 year start point is appropriate. For your guilty plea Alexander you are entitled to a one-quarter of sentence deduction that is 6 months. Leaves a balance of 18 months. There are no other deductions I can give you because this is not your first offence, you have a criminal record. On the charge of burglary convicted and sentenced to 18 months in prison. On the charge of theft convicted and sentenced to 12 months in prison concurrent terms.
   

JUSTICE NELSON