Police v Tila [2016] WSSC 145 (8 August 2016)

THE SUPREME COURT OF SAMOA
Police v Tila [2016] WSSC 145

Case name:	Police v Tila
Citation:	[2016] WSSC 145
Decision date:	8 August 2016
Parties:	POLICE v FARANI TILA, TILA TOMASI and MATTHEW TIFA males of Satui Fou, Mulifanua.
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court Of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Tuala Warren
On appeal from:
Order:	The accused are convicted of the offence of arson and sentenced to 1½ years supervision. Special conditions of their supervision is that they are all to undertake the 6 weeks program for alcohol and drugs through Probation; they are to perform 100 hours community service to the aggrieved village of Lalovi Mulifanua whose faleoo they burnt (which should include rebuilding the faleoo) and they are not to consume alcohol. If they breach any of these conditions, they will most likely face imprisonment terms.
Representation:	P. Chang for Prosecution Accused in person
Catchwords:	Arson – conspiracy – aggravating and mitigating features -
Words and phrases:
Legislation cited:	Crimes Act 2013 section.182(3)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

FARANI TILA, TILA TOMASI and MATTHEW TIFA males of Satui Fou, Mulifanua.
Accused

Counsel:
P. Chang for Prosecution
Accused in person

Sentence: 8 August 2016

S E N T E N C E

The charge

1. The accused appear for sentence on one charge each of arson contrary to s.182(3) of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment.
2. The accused pleaded guilty to the charge on 18 July 2016.

The offending

3. According to the summary of facts admitted by the accused, on 4 June 2016 at around 11pm, the accused were drinking alcohol at another villager’s house. At around 2am, they conspired to burn down 2 Samoan houses (faleoo) that were used by village matai to administer village curfew. They found matches and these matches were used to set the thatched roof of each faleoo on fire. They then fled the scene and left the faleoo to burn without regard to the safety of those nearby.

Background of the accused

4. The accused Farani is 21 years old, Tila is 20 years old and Matthew is 17 years old. All are single and unemployed.
   5. All were drinking alcohol at the time of the offending.
   6. All are first offenders.

The Victim

7. The victim in this case is not an individual but a whole village who owned the faleoo in which the village matai administer village curfews.
8. The village representatives of Lalovi Mulifanua have written to the Court saying that the mothers of the accused came to the village meeting with $200.00 and two large fine mats. The village has accepted the apology and forgiven the accused.

The Aggravating Features of the Offending

9. It is aggravating that the offending was unjustified. There was no reason for it.
10. It also posed a high risk to the safety of other property and people.
11. It was a crime committed against a whole village. These faleoo were used to carry out a very important and necessary function of the village council and that is administering village curfews.

Mitigating Factors

12. Consuming alcohol is not a mitigating factor, nor is it an excuse for the actions of the accused. Particular concern is with the drinking of alcohol by the accused Tila and Matthew, being 20 and 17 years respectively. Their parents need to pay attention to this and address this.
13. I take into account in mitigation that there has been settlement with the village.
14. I also take into account the accused early guilty plea to the charge.

Discussion

15. Arson is a cowardly act. It carries a high risk to the safety of property and people. It is fortunate that there were no injuries to people from the actions of the accused.
16. Having considered the aggravating factors relating to the offending and the mitigating factors personal to the accused as well as taking into account the sentencing objectives of retribution, deterrence, the need for protection of society, and rehabilitation, I have decided that it is appropriate to impose a non-custodial sentence in this case. Had it not been for the letter from village representatives of Lalovi Mulifanua to confirm settlement, the accused would have been sent to prison today.
17. This sentence will focus on the rehabilitation of these young accused in the hope that they will not reoffend. They must also give something back to the community which they have aggrieved.

Sentence

18. The accused are convicted of the offence of arson and sentenced to 1½ years supervision. Special conditions of their supervision is that they are all to undertake the 6 weeks program for alcohol and drugs through Probation; they are to perform 100 hours community service to the aggrieved village of Lalovi Mulifanua whose faleoo they burnt (which should include rebuilding the faleoo) and they are not to consume alcohol. If they breach any of these conditions, they will most likely face imprisonment terms.

JUSTICE TUALA-WARREN