Police v Filipo [2015] WSSC 253 (25 May 2015)

SUPREME COURT OF SAMOA
Police v Filipo [2015] WSSC 253

Case name:	Police v Filipo
Citation:	[2015] WSSC 253
Decision date:	25 May 2015
Parties:	Police (prosecution) v Toa Manaia Tipeni Filipo, male of Lalovaea
Hearing date(s):
File number(s):	S2828/15 and S2829/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Ema Aitken
On appeal from:
Order:	On both charges, you are convicted now and sentenced to 12 months of supervision on probation. Now that is going to be on some strict conditions and I want you to listen carefully to what they are. (1)First of all, you will live where you are directed to live by your Probation Officer; (2)You are not permitted to consume any alcohol or any illegal drugs for the 12 month period of supervision; (3)You will attend a programme as directed by your Probation Officer to address the issues of alcohol and drug use; (4)For the first two months of your sentence – in other words, until 25 July, you will be under a curfew from 7:00 at night until 6:00 in the morning, seven days a week; (5) You will also, over the next 12 months, complete 50 hours of community work; and (6) Comply with all directions of your Probation Officer.
Representation:	L Su'a Mailo for prosecution Defendant in person
Catchwords:	Burglary - theft
Words and phrases:	No previous convictions
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

Toa Manaia Tipeni Filipo, male of Lalovaea
Defendant

Counsel: L Su’a-Mailo for prosecution
Defendant in person

Sentence: 25 May 2015

Oral Sentence of Justice E M Aitken

1. Mr Filipo, you are before the Court having pleaded guilty to one charge of burglary and one charge of theft.
2. On this particular night back in February, you went into your uncle’s home in the middle of the night when everyone else was asleep; and you took three cell-phones from the house. The owner of one of those cell-phones was able to track you down the next day because he had a particular device on the phone that assisted him in identifying you. Two of the phones have been returned but the third phone was never returned.
3. I have read the victim impact statement from your uncle, who I understand is in Court today, and he talks about being very disappointed in your behaviour, very saddened by what you did. This is no way to treat family members; it is no way to treat anyone, Mr Filipo.
4. You told the Probation Officer that you were under the influence of alcohol that night and I accept that and I am also pleased to see that the next morning when you realized what you had done, you knew you had committed a wrong.
5. Now I have to start by looking at whether prison is appropriate. I am not going to send you to prison but if I was going to, I would start with an 18 month prison sentence and that is because burglary at night is a particularly serious offence. Now the reason I am not going to send you to prison is as follows:
6. You are 19 years old, so you are very young and I do accept that you are deeply sorry for what has happened. Two of the phones were returned and you pleaded guilty to the charges when you first appeared in Court. You have got no previous convictions and you have now spent about 10 weeks in prison – so because of all those factors, I am going to deal with you today by way of a sentence of supervision.
7. On both charges, you are convicted now and sentenced to 12 months of supervision on probation. Now that is going to be on some strict conditions and I want you to listen carefully to what they are.
(1) First of all, you will live where you are directed to live by your Probation Officer;
(2) You are not permitted to consume any alcohol or any illegal drugs for the 12 month period of supervision;
(3) You will attend a programme as directed by your Probation Officer to address the issues of alcohol and drug use;
(4) For the first two months of your sentence – in other words, until 25 July, you will be under a curfew from 7:00 at night until 6:00 in the morning, seven days a week;
(5) You will also, over the next 12 months, complete 50 hours of community work; and
(6) Comply with all directions of your Probation Officer.
8. Do you understand those conditions? All of those conditions are designed to reduce the chances of you committing any further offences but also to hold you responsible for this offending. Do not ever forget that if you were an older man you would have gone to prison, so you make sure you complete that sentence with those conditions without any problems at all. Understood?

_____________________

JUSTICE E M AITKEN