Police v Kalolo [2015] WSSC 148 (6 May 2015)

IN THE SUPREME COURT OF SAMOA
Police v Kalolo [2015] WSSC 148

Case name:	Police v Kalolo
Citation:	[2015] WSSC 148
Decision date:	06 May 2015
Parties:	The Police (Prosecution) Pauga Venasio Kalolo, male of Vaiusu-uta, Leone, Aele and Luatuanuu (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Convicted and sentenced on this count of theft to 12 months in prison, remand in custody time to be deducted.
Representation:	O Tagaloa and Ms Amosa 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:

PAUGA VENASIO KALOLO, male of Vaiusu-uta, Leone, Aele and Luatuanuu.
Defendant

Counsel: O Tagaloa and Ms Amosa for prosecution
Defendant unrepresented

Sentence: 06 May 2015

SENTENCE

1. The defendant pleaded guilty to one count of theft namely that at Mulivai on 07 February this year he did steal a laptop, two flashdrives and one apple I-phone to a total value of $4,900.00 from the complainant a female of Matautu-uta. The police summary of facts which he has admitted says that he is a 26 year old male of Vaiusu-uta and Leone unemployed and at the time of this offence was residing at Aele with a relative.
2. On Saturday 07 February 2015 at about mid-day the complainants car was parked outside Pinati’s Restaurant at Mulivai. Defendant said the windows were down and he looked inside and saw the laptop and other materials in the complainants bag. He reached inside took the bag and left the area. The defendant subsequently sold these properties to a third party. None of the properties have been recovered. This represent a total loss to the complainant.
3. This is not the defendants first court appearance. He has admitted to a previous conviction in 2013 for unlawful entry for which he was sentenced to time in custody awaiting sentence. The significance of that previous conviction is that it is for a similar kind of offence to the present one.
4. It is clear the defendant learnt nothing from that experience and has now reoffended that means Pauga no other penalty is available now except to send you back to prison. The message to you must be that any time you do this you will be sent back to Tafaigata. So if you do not want to go to prison do not reoffend.
5. The maximum penalty for this offence is 10 years in prison. However considering the circumstances of this matter an appropriate penalty considering you have a relevant previous conviction would be around 18 months in prison. I will reduce that to 12 months because of your guilty plea. Convicted and sentenced on this count of theft to 12 months in prison, remand in custody time to be deducted.
   

JUSTICE NELSON