Police v Peni [2015] WSSC 98 (14 September 2015)

IN THE SUPREME COURT OF SAMOA
Police v Peni [2015] WSSC 98

Case name:	Police v Peni
Citation:	[2015] WSSC 98
Decision date:	14 September 2015
Parties:	Police (prosecution) and Faaifo Peni, male of Vailoa Aleipata (defendant)
Hearing date(s):	-
File number(s):	S2542/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:	-
Order:	Discharged without conviction.
Representation:	B Lo-Tam for prosecution Unrepresented
Catchwords:	Intentional damage – pulling and destroying plants – matter resolved – first appearance – good character - non custodial sentence
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IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FAAIFO PENI male of Vailoa Aleipata
Defendant

Counsel: B Lo-Tam for prosecution
Unrepresented

Sentence: 14 September 2015

S E N T E N C E

1. Defendant you appear for sentence on the charge of intentional damage for which you are liable to 7 years imprisonment.
2. You are 25 years of age and the complainant is 41 years of age, so he is 16 years older than you. You were obviously not happy with the complainant planting taro where you considered was your land and instead of approaching him to talk it over, you did a childish, cowardly thing, of pulling and destroying his plants in his absence.
3. Your actions could have led to more serious problem if the complainant had not acted as an adult. Fortunately the complainant was not as stupid as you were. And fortunately for you, you have resolved the matter with the complainant and you are back to normal and living normally with the complainant. I will therefore not grant the order that the prosecution has sought and to impose a custodial sentence.
4. You impress the court as a hardworking farmer and at the age of 25 you are appearing for the first time in court. The Probation Service speaks highly of you and to your good character. As you are appearing for the first time in a court of law I am not going to enter a conviction against your name. You have paid restitution and repaired the damage caused to the complainant and his family.
5. For this offence you are discharged without conviction.
   

JUSTICE VAAI