Police v Amosa [2015] WSSC 265 (3 August 2015)

SUPREME COURT OF SAMOA
Police v Amosa [2015] WSSC 265

Case name:	Police v Amosa
Citation:	[2015] WSSC 265
Decision date:	03 August 2015
Parties:	Police (prosecution) v Sopoaga Amosa, male of Faleu Manono uta
Hearing date(s):
File number(s):	S1915/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Ema Aitken
On appeal from:
Order:	You are convicted and you are ordered to come up for sentence if called upon within three years. What that means . Mr Amosa, is that I am really suspending the sentence and holding it over your head for the next three years. If you do not commit any other offence within the next three years, there will be no further penalty or consequences from this offending. If you commit another offence within the three years then you will be sentenced on that new offence but you will also be sentenced on this offence of arson.
Representation:	B Lo Tam and A Tumua for the prosecution Defendant in person
Catchwords:	Arson
Words and phrases:	Intentionally set fire on properties - premeditated
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND

SOPOAGA AMOSA, male of Faleu Manono uta.
Defendant

Counsel: B Lo Tam and A Tumua for the Informant

Defendant appears in person

Sentence: 03 August 2015

Sentence of Justice E M Aitken

1. Mr Amosa, you have pleaded guilty to one charge of arson. That is a serious criminal offence, it carries a maximum penalty of 10 years.
2. On this occasion, it would appear that your sister left on the property a number of household items that were wrapped in the thatch of the house that she was moving. You borrowed a lighter from your brother and set fire to the pile and it burnt the thatch and destroyed the items wrapped in it. If the court were to put a price or a value on the items you destroyed it was to a value of around about $2200.00. You told the probation officer that you were angry because your sister owed you money that had not been repaid and that you burnt the items out of frustration. To the Court, your explanation is that you were tempted by Satan and committed the offence.
3. The acts that constitutes the crime of arson are many and varied and the sentence will always reflect the serious of offending. Arson is almost always pre-meditated or in other words planned; although your planning was minimal. Often setting fire to items puts other people’s lives and property at risk; here,there was certainly no obvious risks to others lives, or property.
4. I have read the victim impact statement. I acknowledge your sister, the victim, who is in Court today. You have already apologized to her and she has already forgiven you for your behaviour. You have repaid her the sum of $1200 towards the costs of the goods you destroyed. You have also been dealt with by the village council who have fined you $1000 and required you to provide one sow. You have already made those payments. So there have been some very consequences for you already, Mr Amosa.
5. You are 41 years old; this is the first time you have appeared before the Court. You have a wife and seven children who you support through your work as a fisherman and good references have been provided through the probation officer. In the circumstances, in light of: the nature of the offending, which I put towards at the lower end of the scale; the penalty already imposed by the village council; and your lack of previous convictions, I am not going to sentence you to a term of imprisonment. I will treat this as something I will call out of character – in other words not how you would normally behave and I will give you the chance to remain with your family and supporting your wife and children.
6. In the circumstances in respect of this charge, you are convicted and you are ordered to come up for sentence if called upon within three years. What that means, Mr Amosa, is that I am really suspending the sentence and holding it over your head for the next three years. If you do not commit any other offence within the next three years, there will be no further penalty or consequences from this offending. If you commit another offence within the three years then you will be sentenced on that new offence but you will also be sentenced on this offence of arson.
7. So it is an opportunity for you to demonstrate that you are someone who can control his temper and live a law abiding life. I just want to remind you finally of what your sister says to the Court: she tells me that she believes that the properties that were burnt are replaceable but she said that a relationship between a brother and a sister is without price because it is invaluable and it is not able to be replaced when its destroyed. I think she would be right and I would just ask you to think about that in the future whenever you get cross. We all get cross, Mr Amosa, we all need to learn to control our responses.

_____________________

JUSTICE E M AITKEN