Police v Peni [2015] WSSC 194 (21 December 2015)

SUPREME COURT OF SAMOA
Police v Peni [2015] WSSC 194

Case name:	Police v Peni
Citation:	[2015] WSSC 194
Decision date:	21 December 2015
Parties:	POLICE v VAESALA PENI male of Lotofagā, Safata.
Hearing date(s):
File number(s):	S3593/15
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted and sentenced to 10 months probation.
Representation:	L Sua-Mailo for prosecution Accused in person
Catchwords:	Arson – maximum penalty – guilty at the earliest opportunity
Words and phrases:
Legislation cited:	Crimes Act 2013, s.182 (3)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S3593/15

BETWEEN

P O L I C E
Prosecution

A N D

VAESALA PENI male of Lotofagā, Safata.
Accused

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 21 December 2015

S E N T E N C E

The charge

1. The accused appears for sentence on a charge of arson, contrary to s.182 (3) of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment. To the charge he pleaded guilty at the earliest opportunity.

The offending

2. As it appears from the prosecution’s summary of facts confirmed by the accused, on 30 August 2015 the accused arrived home at Lotofagā, Safata, between 12 midnight and 1:00am while his wife and children were asleep. He was intoxicated. He asked his children where his wife was and they replied that she was sleeping at their faleapa (house with a corrugated iron roofing). This made the accused angry that his wife no longer wanted to sleep in their faleoo (Samoan hut). He then started cursing out loud before taking hold of an empty herring can and filled it with kerosene. He poured the kerosene around the faleoo and set it on fire while his children were looking on. The faleoo was completely burnt down.
3. It appears from the pre-sentence that on the night in question, that after the accused had sold his agricultural produce at the market, he went drinking and playing billiards with other men of his village who had also been selling their agricultural produce at the market. He was intoxicated by the time he went home after midnight.
4. The accused admitted to the probation service that when he arrived he set one of his faleoo on fire. This was an old, dilapidated, and unused faleoo which he had wanted for a long time to pull down. He could not control himself at the time as he was over drunk. His wife told the probation service that the faleoo was still being used by their family on some days to rest.

The accused

5. The accused is a 45 year old male of Lotofagā, Safata. He is married and has children. He appears to be the sole breadwinner for his family. He is a first offender. His weakness is alcohol consumption. He has apologised to his wife and children for burning down the faleoo and his apology was accepted.
6. There is no character reference from the accused’s family, church pastor, or village pulenuu. So I cannot determine whether the accused was a person of good character prior to the commission of this offence. The fact that he is a first offender is neutral.

The aggravating and mitigating features

7. The value of the faleoo that the accused burnt down is an aggravating feature of this offending. But it appears that the faleoo belonged to the accused himself. It was also an old and dilapidated faleoo sometimes used by his family to rest. So this was not an expensive asset. The fact that the faleoo was used by his family sometimes to rest but could no longer do so is another aggravating feature of this offending.
8. The mitigating features relating to the accused is his apology to his wife and children which was accepted and his guilty plea to the charge at the earliest opportunity.

Discussion

9. Having regard to the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided to impose a non-custodial sentence. But I must warn the accused that he has to change his drinking habits. It can cause further harm to his family if he does not change. He has to make up his mind quickly whether his wife and children should come first or his desire for alcohol. If he chooses alcohol and he appears again before this Court on an alcohol related offence affecting his family, then he is most likely to be sentenced to prison.

The result

10. The accused is convicted and sentenced to 10 months probation.

CHIEF JUSTICE