Police v Tom [2015] WSSC 201 (16 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v TOM [2015] WSSC 201

Case name:	Police v Tom
Citation:	[2015] WSSC 201
Decision date:	16 November 2015
Parties:	Police (informant) v Tom Junior TOM, male of Taufusi (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and discharged of offending.
Representation:	Mr Tagaloa for the Prosecution Defendant appears in Person
Catchwords:	Intentional damage – unprovoked attack –previous conviction (different type of offence) – stone throwing
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TOM JUNIOR TOM, male of Taufusi
Defendant

Counsel:
Mr Tagaloa for the Prosecution
Defendant appears in Person

Hearing: 16 November 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. Tom, you appear for sentence after having pleaded guilty to intentionally damaging a car, or the rear window of a vehicle belonging to a Brian Roebeck of Leonē and Vaitele-fou. The cost of the damage is said to be $1,300.00. This offence carries a maximum penalty of no more than seven years’ imprisonment.

The offending:

2. You have confirmed the summary of facts provided by the police and read out to you by the Registrar.

Aggravating/Mitigating factors:

3. The aggravating features of your offending are as follows:
   1. It is an unprovoked attack. The victim did not even do or say anything to you to cause you to throw a stone at his car.
   2. There was pre-meditation on your part. By getting hold of a stone means that you intended to use it and that can also be seen as
      pre-meditation on your part.
   100. That you use the stone to cause the damage by throwing that stone at the vehicle, which damage is valued at $1,300.00 for the broken rear window to the vehicle.
4. I will not take your previous conviction as an aggravating feature personal to you for the reason that your previous conviction is of an offending different in nature from the present offending.
5. That does not mean that you will be treated as a first offender. Your having a previous conviction means that you are not a person of previous good character, and as such, it cancels out or neutralizes that feature which could have been to your advantage.
6. The only mitigating feature I find is your early plea to the offence.

Comment:

7. The circumstances of this offending shows a tendency on your part (and those you hang around with) as “bad boys” who have no regard for the law and to the outcome of your reckless behaviour.
8. I can tell you that such behaviour shows how stupid you are and the only place you will end up to is at Tafaigata Prison. Unless you change your behaviour you will become an adult in the prisons and you will be of no good to your parents and family. The public is not safe from people like you who exhibit such behaviour in public places. The circumstances of the commission of this offending warrants a custodial sentence.
9. The starting point is six months, less 1/3 for your early plea. For the offence of intentional damage you are convicted and sentenced to four (4) months imprisonment.
10. For the throwing stones offence, I have taken the use of the stone as an aggravating factor in the commission of the offence of intentional damage. This offence must be recorded to show how the damage was caused. You are convicted and discharged of this offending.
    

................................
Justice Mata Tuatagaloa

<Judgment Header, Style: Body Text>

< Style: Heading 1>

1. <Style: Paragraph - Numbered>
   • (a) <Style: Num List 1>
     • (i) <Style: Num List 2>
       • (A) <Style: Num List 3>
1. <Style: Paragraph - Numbered>
   • <Style: Indent 1>
     • <Style: Indent 2>
       • <Style: Indent 3>
2. <Style: Paragraph - Numbered>
   11. [Style: List Bullet]
       • [Style: List Bullet 2]
         • [Style: List Bullet 3]

<Style: Paragraph – Indent>

< Style: Heading 2>

<Style: Heading 3>

<all text after last paragraph is in Style: body text>