Police v Neufelt [2015] WSSC 159 (20 July 2015)

IN THE SUPREME COURT OF SAMOA
Police v Neufelt [2015] WSSC 159

Case name:	Police v Neufelt
Citation:	[2015] WSSC 159
Decision date:	20 July 2015
Parties:	The Police (Prosecution) Fa’asoi Su’a, male of Satapuala. (Defendant)
Hearing date(s):	-
File number(s):	S1407/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On this charge Felise you are convicted and sentenced to 18 months in prison. But the time you have spent in custody awaiting this matter is to be deducted from that.
Representation:	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:

FELISE NEUFELT, male of Vaivase-uta and Lalomauga.
Defendant

Counsel: Ms Amosa for prosecution
Defendant unrepresented

Sentence: 20 July 2015

SENTENCE

1. The defendant has pleaded guilty to one charge of theft of a cattle beast valued at $1,500.00. The police summary of facts which he admitted this morning stated he is a 28 year old male of Falefa and Vaivase and single. The complainant is the niece of the owner of the cattle in question who lives in Hawaii. She was at the time in charge of the cattle farm and looking after this particular animal.
2. The theft occurred in the early morning hours of Friday, 24 April when the defendant and some friends went onto the farm and untied the cow that was tied to a tree with her calf. The men took the cow to the road slaughtered it loaded the carcass into a taxi and subsequently sold it to a third party for $1,000.00. The complainant heard the calf crying in the early hours of the morning and when she checked discovered the cow was missing. She tracked this matter down to the defendant and reported it to the police. When questioned by the complainant the summary says the defendant told her not to worry he would give her some of the money he got from selling the cow. It seems he never did that.
3. The defendant says the cow is owned by his uncle who lives overseas. That may be so but that is no excuse Felise for what you did because you had no permission from your uncle or the caretaker of the farm to slaughter and sell the cow. The defendants action in this case was quite deliberate and he has a previous conviction in 2013 for similar offending for which he was sent to prison. Felise you are an intelligence person but you are not using your intelligent very wisely.
4. A further prison term is unavoidable. You have to understand that if you keep doing this sort of thing the court will keep sending you back to jail. If you want to stop going to jail stop doing these sorts of things. The maximum penalty at law for this offending is 7 years in prison.
5. Prosecution have elected not to file a sentencing submission but in the circumstances an appropriate start point for sentence is 2 years in prison. In setting that start point I take into account your previous conviction in 2013 for obtaining by deception. The only deduction you are eligible for is a one-quarter deduction for your guilty plea. That reduces your term to 18 months in prison. On this charge Felise you are convicted and sentenced to 18 months in prison. But the time you have spent in custody awaiting this matter is to be deducted from that.
   

JUSTICE NELSON