Police v Faapoi [2016] WSSC 176 (14 March 2016)

IN THE SUPREME COURT OF SAMOA
Police v Faapoi [2016] WSSC 176

Case name:	Police v Faapoi
Citation:	[2016] WSSC 176
Decision date:	14 March 2016
Parties:	POLICE (Prosecution) UEPA FAAPOI, male of Vailoa Faleata. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	For the charge of burglary you are convicted and sentenced to 2 years in prison, that must be served separate to the term that you are serving now. That would be a term imposed not just for the burglary but for burglary and theft. On the charge of intentional damage a further 12 months imprisonment. But that term is to be served concurrent to the 2 years.
Representation:	F Ioane for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

UEPA FAAPOI, male of Vailoa Faleata.
Defendant

Counsel: F Ioane for prosecution
Defendant unrepresented

Sentence: 14 March 2016

SENTENCE

1. The defendant faces sentence on charges of burglary, theft and intentional damage. Charges to which he has pleaded guilty. The police summary of facts which he has admitted says he is a 19 year old male of Vailoa currently serving a prison term at Tafaigata Prison. His term is for similar offending of burglary and theft as he appears on today. He committed this burglary theft and intentional damage while out on parole for New Year.
2. Looking at your record Uepa it is not a good record. You have a number of previous convictions and at 19 years of age are well on your way to becoming another professor at Tafaigata University. You better have a serious think about where your life is heading.
3. In respect of this matter the police summary of facts says that at about 11:00 pm on the night of 01 January 2016, you entered the enclosed yard of the victims property. The family were asleep. You tore the screen wire of the bathroom window and entered the house. You then stole the victims wallet and camera and grabbed the keys of the victims Toyota Platz four door sedan.
4. You took the car bought some alcohol and picked up a couple of girl friends from the front of the RSA. Obviously you all had a nice cruise around town drinking but at about 4:00 am you crashed the car in front of the Le Well building at Savalalo. You got out of the car and fled leaving your two girl friends behind. It is not clear from the summary what the extent of the damage to the vehicle was, but it does say that the total value of damage to the victims property is $500. You also stole according to the summary $150 in cash that was in the vehicle as well as a flash drive.
5. You must understand that with a record like yours Uepa that every time you commit offences like this you will only be sent back to prison for longer terms. And if you keep going you will eventually end up like Faigame and Lauititi who I just sentenced to 10 years in prison. It is not too late for you young man, you are only 19 years of age; you can do something to turn your life around. Be smart, if you want to waste your life committing crimes, the court is very happy to waste your life in Tafaigata Prison.
6. I accept the prosecution submission that a 4 year start point for sentence is appropriate. That should upgraded by one year to 5 years because you have a bad record and you committed this while you are out on parole for the holidays. That is a start point of 5 years in prison.
7. For your guilty plea I will deduct 1½ years because that saves the court wasting its time, that leaves 3½ years. Like I said you are still a young man it is not too late for you to do something about your “olaga” (life). So I am going to as a special deduction deduct another year and a half of your sentence reducing it to 2 years. You should make us of the fact that your term is greatly reduced. But at the end of the day it all comes down to you and your own choices
8. For the charge of burglary you are convicted and sentenced to 2 years in prison, that must be served separate to the term that you are serving now. That would be a term imposed not just for the burglary but for burglary and theft.
9. On the charge of intentional damage a further 12 months imprisonment. But that term is to be served concurrent to the 2 years.
10. O lona uiga o le aofai o le taimi e tuli i le toese mo mataupu uma ia Uepa e lua tausaga ae fa’aopoopo le taimi lena i le taimi lea e tuli o le fa’asalaga i le taimi lenei. Ua e malamalama? (Defendant said yes).
    

JUSTICE NELSON