Police v Felise [2016] WSSC 16 (18 January 2016)

IN THE SUPREME COURT OF SAMOA
Police v Talalelei FELISE [2016] WSSC 16

Case name:	Police v Talalelei FELISE
Citation:	[2016] WSSC 16
Decision date:	18 January 2016
Parties:	Police (prosecution) and Talalelei Falepo FELISE, male of Levi Saleimoa (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to 80 hours’ community service and 12 months’ supervision with the following conditions: Refrain from alcohol consumption; and Attend Anger Management Counseling as directed by probation services.
Representation:	Ms Sio & Mr Tumua for the Prosecution Defendant appears in Person
Catchwords:	Arson – intoxicated at time – irate at time
Words and phrases:
Legislation cited:	Crimes Act 2013 s 182(b),
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TALALELEI FALEPO FELISE, male of Levi Saleimoa
Defendant

Counsel:
Ms Sio & Mr Tumua for the Prosecution
Defendant appears in Person

Date: 18 January 2016

SENTENCE OF JUSTICE TUATAGALOA

1. Talalelei, you are to be sentenced on the charge of arson (s.182(b) Crimes Act 2013) that you pleaded guilty to on 7 December 2015. The offence you are charged with carries a maximum penalty of 10 years’ imprisonment.
2. You confirmed the summary of facts by the prosecution of what happened. The pre-sentence report provided by the probation services of what you told them of what happened is also consistent with the summary of facts.
3. You had an argument with your de-facto wife, you left the house, you came back drunk, your wife and kids were not home and you torched the place down. The place you torched was a faleo’o that you, your wife and three kids lived in. It was home to you, your wife and kids.
4. You are 48 years’ old in a de-facto relationship with three children living at Levi, Saleimoa. The complainant is your de-facto wife. The pre-sentence report says that you have a low level of education and have always worked the land to provide for your family. Despite what happened, your wife said in the
   pre-sentence report that you are a reliable husband and father.
5. You are not a first offender. I will not consider your previous offending as aggravating personal to you for the following reasons - your previous record is of different offending and it was some years ago. This does not mean that you will be treated as a first offender but more that the Court will treat you as a person not of previous good character.
6. You burnt the house down while intoxicated and angry and that is a lethal combination.
7. You have apologised to your wife for what you did and your wife has accepted your apology and asked the Court for leniency. You had pleaded guilty on the first day this matter was mentioned in Court and that is a sign of remorse. I truly believed that you are remorseful and have regretted what you did because of the time and labour that you will again spend on building another faleo’o for you, your wife and kids.
8. The prosecution has referred to a number of arson cases. The sentences imposed in those arson cases would depend on the circumstances of each of those cases. In your case a custodial sentence will be out of proportion.
9. You are convicted and sentenced to 80 hours’ community service and 12 months’ supervision with the following conditions:
   1. To refrain from alcohol consumption; and
   2. To attend Anger Management Counseling as directed by probation services.
      

........................................
Laulusā Justice Mata Tuatagaloa