Police v Tiamu [2015] WSSC 239 (3 September 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tiamu [2015] WSSC 239

Case name:	Police v Tiamu
Citation:	[2015] WSSC 239
Decision date:	03 September 2015
Parties:	POLICE (Prosecution) TAULAGA TIAMU, male of Vaitele-uta, Siusega and Aleisa. (Defendant)
Hearing date(s):	-
File number(s):	S2228/15, S2246/15, S2249/15, S2250/15, S2251/15, S2252/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of theft of the laptop and the cell-phone from the first complainant convicted and sentenced to 15 months in prison. On the second charge of theft of the police officers cell-phone that is separate offending convicted and sentenced to 3 months in prison cumulative term. The charges of insulting words convicted and sentenced to 1 month in prison uplifted to 3 months for each charge because of your previous conviction but these terms are concurrent. O lona uiga o le aofai o le taimi e te nofo sala ai i le toese mo solitulafono nei Taulaga e 18 masina. Peitai e tatau ona toese mai le 18 masina lena le taimi sa e nofo taofia ai e fa’atalitali le fa’aiuga o le mataupu lenei.
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:

POLICE
Prosecution

AND:

TAULAGA TIAMU, male of Vaitele-uta, Siusega and Aleisa.
Defendant

Counsel: Ms Amosa for prosecution
Defendant unrepresented

Sentence: 03 September 2015

SENTENCE

1. The defendant has pleaded guilty to two counts of theft and four counts of insulting words. The police summary of facts which he has previously admitted says he is a 26 year old male of Aleisa, Vaitele and Siusega single and is in employment. The first complainant is a 25 year old male of Siusega and the second complainant is a 27 year old police officer stationed at the Faleata Police Post.
2. In the early morning hours of Sunday, 12 July 2015 the complainant was at home asleep in her house. The house is an open style ta’alaelae house. Before she went to sleep she placed her cell phone and laptop beside her. Sometime during the night the defendant entered the house and took the laptop and cellphone. As the defendant was walking along the road a police patrol went passed. They noticed the defendant with the cellphone and laptop and he acted suspiciously causing the police to pick him up and take him to the Faleata Police Post. Their enquiries led them to conclude that the defendant had stolen these items. The value of the laptop being about $2,000 and the cell phone a Samsung Galaxy phone valued at $1,794.00. Meaning that the value of the items stolen by the defendant was $3,794.00.
3. The defendant was then placed in the interview room of the police post and the insulting words charges arises out of his language while he was in the custody of the police at the police post. In the early morning hours of the next day Sunday morning at about 7:00 a.m. the defendant managed to escape from the Faleata Police Post and he took with him a cell-phone belonging to the second complainant the police officer. That cell-phone being valued at $497.00.
4. The police officers pursued the defendant and eventually were able to apprehend him and return him to police custody. In the course of all this the defendant kept on uttering insulting words to the police officers. As a result of all these the defendant has been charged with the theft of the first complainants laptop and cell-phone and the second complainants cell-phone as well as counts of insulting words.
5. The defendant has a criminal record. Which indicates that he was convicted on the 14^th of May 2015 in the District Court of committing of an indecent act, using threatening words and using insulting words. He was given a chance by the court on that occasion and was not sent to prison but was placed under supervision of the probation office for 12 months and was ordered to perform 60 hours of community service.
6. Because the present offences were committed in July of 2015 it means the defendant committed the present offences while under that supervision sentence. The pre-sentence report from the probation office on the defendant indicates that he has complied poorly with his term of supervision. He only completed 4 hours of the 60 hours ordered. Obviously for Taulaga probation and supervision is a waste of time. Obviously Taulaga has learned nothing from his previous court appearance early this year. People who are given chances by the court should use them. A stronger penalty is now required.
7. On the theft of the laptop and the cell-phone belonging to the first complainant that carries a 7 year maximum penalty. In circumstances however a 12 month start point for sentence is appropriate. That has to be uplifted to 18 months because of your previous conviction. And further uplifted to 2 years because the offence that you have committed was committed while on probationary supervision. The only deduction Taulaga you are eligible for from that 2 year start point is for your guilty plea. That has saved the courts, the police and the state’s time and limited resources. I deduct one-quarter of your sentence namely 6 months, leaves a balance of 18 months.
8. You are entitled to some credit for the recovery of all the items stolen I deduct a 3 months for those factors, leaves a balance of 15 months. On the charge of theft of the laptop and the cell-phone from the first complainant convicted and sentenced to 15 months in prison.
9. On the second charge of theft of the police officers cell-phone that is separate offending convicted and sentenced to 3 months in prison cumulative term.
10. The charges of insulting words convicted and sentenced to 1 month in prison uplifted to 3 months for each charge because of your previous conviction but these terms are concurrent.
11. O lona uiga o le aofai o le taimi e te nofo sala ai i le toese mo solitulafono nei Taulaga e 18 masina. Peitai e tatau ona toese mai le 18 masina lena le taimi sa e nofo taofia ai e fa’atalitali le fa’aiuga o le mataupu lenei.
    

JUSTICE NELSON