Police v Poutea [2015] WSSC 99 (14 September 2015)

IN THE SUPREME COURT OF SAMOA
Police v Poutea [2015] WSSC 99

Case name:	Police v Poutea
Citation:	[2015] WSSC 99
Decision date:	14 September 2015
Parties:	Police (prosecution) and Iakopo Poutea, male of Vaiusu and Utualii (defendant)
Hearing date(s):	7 August 2015
File number(s):	S1329/15, S1335/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	Convicted and placed on Probation for 18 months. You will do 50 hours community work and you will attend any programme that the Probation Service may direct you.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Burglary – attempted theft – consumption of alcohol – previous convictions – community work
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

IAKOPO POUTEA male of Vaiusu and Utualii
Defendant

Counsel: O Tagaloa for prosecution
Unrepresented

Sentence: 14 September 2015

S E N T E N C E

1. Defendant you appear for sentence on charges of burglary and attempted theft. For the charge of burglary the prosecution is seeking a sentence of imprisonment to commence at 12 months. This offence took place on the morning of the 11^th April 2015.
2. The complainant who lives and resides at Vaitele-uta woke up on the morning in question to find that his house has been broken into. His property is surrounded by a chain link fence. He also has a falesamoa in which his children bicycles and other properties are tied and secured by a rope. He called the police to come and investigate, the police came that morning but they could not find any clues as who broke into the house.
3. Later in the afternoon, after the lawnmowers had mowed his lawn and left, the complainant saw someone by the falesamoa hiding behind the rock. It turn out to be you the accused, you were under the influence of alcohol when you were apprehended from behind the rock where you were hiding. At that time the complainant noticed that one of the bicycles in the falesamoa had been moved and the rope by which it was secured was loose.
4. The defendant testified, he denied the charges. He told the court that he was walking from his family at Vaiusu to see his girlfriend at Vaitele after he had been drinking. He took a short route and got lost and somehow ended up in the complainant’s compound despite the security fence. His fairy tale was rejected by the court, he was convicted of both burglary and attempted theft.
5. According to the probation the defendant told the probation service that he is a first offender. That is not the case; he has four previous convictions. He has so far avoided an imprisonment sentence. The last time he appeared in court was in 2012 for burglary and he was convicted and placed under Probation.
6. It is not surprising therefore that the prosecution is seeking a term of imprisonment for the charge of burglary. It seems to the court that your problem may be in consumption of alcohol which leads you to commit the offence. I say that because despite the break at night to the complainant’s house which cannot be pinpointed to you, it appears that in your state of drunkenness you went into the compound sometimes in the afternoon of the same day.
7. Defendant after considering the probation report, I am prepared to give you one more chance. You are in steady employment, you are 26 years of age, and you are well spoken of by those who know you. If you cannot control your drinking you should reconsider your intake of alcohol. Because let me assure you that this is your final chance.
8. For this offence you are convicted and placed on Probation for 18 months. You will do 50 hours community work and you will attend any programme that the Probation Service may direct you.

JUSTICE VAAI