Police v Amituanai [2015] WSSC 74 (30 April 2015)

SUPREME COURT OF SAMOA
Police v Amituanai [2015] WSSC 74

Case name:	Police v Amituanai
Citation:	[2015] WSSC 74
Decision date:	30 April 2015
Parties:	Police (prosecution) Sina Amituanai, female of Falelauniu and Siusega (defendant)
Hearing date(s):	-
File number(s):	S2291/2014
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:	-
Order:	Convicted and placed on Probation for 2 years on conditions that you do 100 hours community work. You will also pay compensation of $840 tala through the Probation office to the complainant. You will also pay prosecution cost of $3000 tala. The compensation and the cost will be paid by monthly installment of $500 tala, first payment will be 30th May 2015 that is next month and subsequent payments on the 30th of each month. Default in payment as stipulated you will result in 8 months imprisonment.
Representation:	L Suá-Mailo for prosecution R Papalii for defendant
Catchwords:	Theft- convicted – placed on Probation with conditions and compensation.
Words and phrases:	Special relationship – financial constraints
Legislation cited:
Cases cited:	Crimes Act 2013
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

SINA AMITUANAI female of Falelauniu and Siusega
Defendant

Counsel:
L Su’a-Mailo for prosecution
R Papalii for defendant

Sentence: 30 April 2015

S E N T E N C E

1. Defendant as you will note from my discussions with your counsel and counsel for the prosecution that I did consider imposing a term of imprisonment. But after reconsidering the matter and particularly the loss suffered by the complainant I have somehow been persuaded not to impose a custodial sentence. But the sentence to be imposed must reflect the seriousness of the offending. You will be sentenced on the basis that you committed the theft while in a special relationship, pursuant to section 162 Crimes Act 2013 as this was the offence you pleaded guilty to.
2. When you hired a vehicle from the complainant you had already planned to sell the same vehicle to somebody else, and you did receive cash from the innocent third party for the car. But considering your background in the probation report you should have known that the acts that you committed would be easily detected.
3. It seems to me what drove you to commit the offence was your desperate need for finance at the time. But the consequences of your offending will only result in more financial constraint on you and your family because of the sentence that I am about to impose.
4. I am sure your counsel has already told you that for this offence you are liable to imprisonment for a term not exceeding 10 years.
5. Considering all the matters raised in the probation report and the victim impact report I have decided not to impose a custodial sentence. But the sentence that I will impose will nevertheless land you in prison if you do not comply with the terms of the sentence.
6. For this offence you are convicted and placed on Probation for 2 years on conditions that you do 100 hours community work. You will also pay compensation of $840 tala through the Probation office to the complainant. You will also pay prosecution cost of $3000 tala. The compensation and the cost will be paid by monthly installment of $500 tala, first payment will be 30^th May 2015 that is next month and subsequent payments on the 30^th of each month. Default in payment as stipulated you will result in 8 months imprisonment.
   

JUSTICE VAAI