Police v Faasau [2015] WSSC 149 (8 May 2015)

IN THE SUPREME COURT OF SAMOA
Police v Faasau [2015] WSSC 149

Case name:	Police v Faasau
Citation:	[2015] WSSC 149
Decision date:	08 May 2015
Parties:	The Police (Prosecution) Jeremiah Jerry Faasau, 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:	I believe you can still be rehabilitated Jerry. I am reducing your imprisonment to 6 months. Following your term of imprisonment you will serve a period of supervision under the direction of the probation office for a term of 6 months. Special conditions of that probation: no alcohol, curfew and to attend Rehab Programmes.
Representation:	L Tavita for prosecution A Faasau for defendant
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:

JEREMIAH JERRY FAASAU, male of Moataa.
Defendant

Counsel: L Tavita for prosecution
A Faasau for defendant

Sentence: 08 May 2015

SENTENCE

1. The defendant has pleaded guilty to a charge of burglary and theft. The police summary of facts states that he is an 18 year old male single and unemployed. The complainant is the Vice principal of Vaimauga College. Because the offending committed by the defendant involves the burglary and theft of College premises.
2. The summary of facts states that the defendant and his co-defendant in the early morning hours of 10 December last year climbed the fence of the College and went to the computer room. There the defendant broke the lock of the door with a screwdriver. They also made their way to the school net room and again the defendant broke the lock of this room with a screwdriver. The summary further states that they also broke into the Vice Principals room. They stole a laptop, a laser printer, a Television and various other electrical equipments including two projectors valued at $1,200.00 each. Properties stolen were worth $7,210.00.
3. The burglary and theft was committed by Jerry and his co-defendant who has already been sentenced by the court to a term of imprisonment. According to the defendants account to the probation office he said his co-defendant played the leading role in this offending. But I do not accept that for the reason that the police summary admitted by the defendant through his counsel indicates that it was the defendant who used the screwdriver to break into these rooms. But I do accept the defendant is the younger of the two defendants. He will receive some deduction to acknowledge that.
4. This was a serious burglary and theft. It was burglary and theft of a District School premises. And it was not to steal pens and rulers it was to steal expensive electronic equipment that would have cost the school a lot of money to purchase. Equipment that is essential to the teaching of children and pupils. There is no question the offending was pre-meditated and planned by the defendants. Because they went straight to the rooms where the equipments were located.
5. When sentencing your co-defendant the court started sentencing at 2 years in prison. There is no reason why the same start point for sentence should not be applied to your matter. But as your counsel has correctly pointed out there are deductions that ought to be made in mitigation of sentence. For your guilty plea a one-quarter of sentence deduction a period of 6 months leaves a balance of 18 months.
6. To reflect the fact that you are a young man and that there is possibility of rehabilitation even though this is not your first offence I will deduct a further 6 months from your sentence, leaves 12 months in prison.
7. The documents before the court indicate that the properties stolen were by and large recovered which indicate you did co-operate with the police to try and restore the properties to the school. For that I will make a further deduction of 3 months from your sentence, leaves 9 months in prison.
8. I have read the probation office supplementary report and considered whether you would benefit from a further period of probation after serving your prison term. That supplementary report indicates that probation failed with you. However I would say this to the probation office. It is always the hardest cases that require the maximum effort and the biggest challenges. The office should not give up on Jerry.
9. I believe you can still be rehabilitated Jerry. I am reducing your imprisonment to 6 months. Following your term of imprisonment you will serve a period of supervision under the direction of the probation office for a term of 6 months. Special conditions of that probation: no alcohol, curfew and to attend Rehab Programmes.
10. Jerry o lea ua oo i le tulaga o lea ua tele au solitulafono ma o lea ua iu lava ina e falepuipui ona e matuia au solitulafono. O le mea lea e taumafai iai le ofisa faanofo vaavaaia ma le faamasinoga o se mea lelei mo lou olaga. A’o mea uma ia e taumafai iai le ofisa e leai ma se aoga pe a e le auai iai i le mea lea e taumafai atu iai. Pule la oe. A e alu i le tulaga lea e te alu ai i le taimi lenei o lona uiga o taimi uma lava e molia mai ai oe i luma o le tulafono o Tafaigata o le a fai ma ou nofoaga tumau. A faapea o le tulaga lena e fia oo iai lou olaga ia lelei fai pea lau mea lea e fai i le taimi nei. A’o le mea lea e taumafai atu iai le faamasinoga ma le ofisa e toe sui lou olaga, toe fuataina lou mafaufau. Fai se mea e aoga mo lou olaga.
11. O lea e lei taitai lou soifuaga ao lea ua matuia le mataupu ia ua aumai ai oe i luma o le faamasinoga. E pei ona ou fai atu at the end of the day o oe e pule i le mea lena. E fiu a matou e taumafai atu ae e le malie e taumafai e toe sui lou olaga e leai se iuga lelei e te oo iai. Pule la oe ao lea o le a taumafai atu pea le ofisa faanofo vaavaaia a maea ona tuli lou faasalaga i le falepuipui ona e sau lea i lalo o le ofisa mo se vaitaimi, sei toe taumafai atu le ofisa mo se galuega mo le lelei o lau susuga. Ia ua lelei Jerry faafetai ua maea lau mataupu.
    

JUSTICE NELSON