Police v Losi [2015] WSSC 7 (10 February 2015)

SUPREME COURT OF SAMOA
Police v Losi [2015] WSSC 7

Case name:	Police v Losi
Citation:	[2015] WSSC 7
Decision date:	10 February 2015
Parties:	POLICE (prosecution) v LOSI LOSI male of Vaimoso (accused)
Hearing date(s):
File number(s):	S7/15, S41/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 6 months imprisonment to be followed by a term of 12 months supervision. - Time the accused spent in custody to be deducted from his term of imprisonment.
Representation:	L Su’a-Mailo for prosecution Accused in person
Catchwords:	Burglary - guilty at the earliest opportunity – maximum penalty – circumstances of the offending – prosecution’s summary of facts - accused a first time burglar – young age of the offender – total value of stolen properties - sentence – short term of imprisonment
Words and phrases:
Legislation cited:	Crimes Act 2013, s.174, s.161, s.165 (b)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S7/15, S41/15

BETWEEN

P O L I C E
Prosecution

A N D

LOSI LOSI male Vaimoso
Accused

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 10 February 2015

S E N T E N C E

The charges

1. The accused Losi Losi is a 20 year old male of Vaimoso. He appears for sentence on one charge of burglary, contrary to s.174 of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment and one charge of theft, contrary to s.161 of the Act, which carries a maximum penalty of 7 years imprisonment under s.165 (b). To both charges the accused pleaded guilty at the earliest opportunity.
2. The prosecution’s summary of facts shows that on Thursday night 1 January 2015 at around 2:00am, the accused entered the victim’s house at Vaimoso through the back door while the victim and her family were asleep. He then stole the victim’s bag containing several items of property including cash of $310. The total value of these items of property including the money were $5,474. In the victim impact report, the victim says her bag was beside her when she went to sleep. When she woke up in the morning her bag had disappeared.
3. When the accused exited the victim’s house, he left the back door open. This allowed the victim’s dog to come into the house. The victim and a niece woke up to see who was walking around inside their house. It was their dog. The victim then instructed her niece to check if the back door was closed and to chase out the dog. The victim’s niece was surprised to find that the back door was opened and the accused was standing outside of the door. She told the victim about the accused. When it was daylight, the victim discovered that her bag and all her items of property in it, including her money, were missing. She informed the police immediately.
4. As shown from the pre-sentence report, the accused was born at Savaii but was adopted by his aunty at Vaimoso and her husband. He had a low level of education having left school after Year 8 on his own accord. He then stayed at home doing family chores. He later found employment with a construction company but quitted after two months. At the time of this offending, he was unemployed and staying at home.
5. The accused is an addicted smoker and consumes alcohol. He has one child from a previous de facto relationship. When his sister was interviewed by the probation service, she told the probation service that the accused is living a reckless lifestyle and theft is always his weakness but he is good with family chores. The accused is a first offender.
6. The aggravating features of this offending are the total value of the stolen properties and home invasion at the late hours of the night while the victim and her family were asleep. The only mitigating feature which is personal to the accused as offender is his plea of guilty to the charge at the earliest opportunity.
7. Given the young age of the offender, the circumstances of the offending, the fact that the accused is a first time burglar, and other personal circumstances of the accused, I have decided to impose a short term of imprisonment to be followed by a term of supervision.
8. The accused is sentenced to 6 months imprisonment to be followed by a term of 12 months supervision. The time that the accused has been in custody pending the outcome of this matter is to be deducted from his term of imprisonment.

CHIEF JUSTICE