Police v Simeti [2016] WSSC 18 (1 February 2016)

IN THE SUPREME COURT OF SAMOA
Police v Lalolama SIMETI [2016] WSSC 18

Case name:	Police v Lalolama SIMETI
Citation:	[2016] WSSC 18
Decision date:	01 February 2016
Parties:	Police (informant) and Lalolama SIMETI a.k.a Maletino SIMETI, male of Foaluga (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 as follows: Burglary: eight months’ supervision with the following conditions: i. Eighty hours’ community service; and ii. Any other as directed by Probation. Theft: convicted and dismissed.
Representation:	Mr Tagaloa for the Prosecution Defendant in Person
Catchwords:	Theft – burglary – village penalty imposed – break into house – non-custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 ss 161, 165(d),
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

LALOLAMA SIMETI a.k.a MALETINO SIMETI male of Foailuga
Defendant

Counsel:
Mr Tagaloa for the Prosecution
Defendant in Person

Date: 01 February 2016

SENTENCE OF JUSTICE TUATAGALOA

1. Lalolama, you have pleaded guilty to the offences of burglary and theft of Rita Laufia’s house of Foailuga on 30 November 2015. The offence of burglary carries a maximum of 10 years’ imprisonment, while theft under s 161 & 165(d) Crimes Act 2013 is a maximum of one year imprisonment.
2. You have confirmed the summary of facts by prosecution which basically says that:
   • On 30 November 2015 at around 12 midnight you and a friend went to the victim’s house. There was no one at home at the time, you entered the house and stole a vehicle radio cassette player and a cricket bat, both valued at $280.00.
3. The summary of facts and pre-sentence report both note that there was alcohol involved and that the offence was committed while you were under the influence. You told probation that it was your friend (or co-defendant) who asked you to help him find another village man whom he had an altercation with a couple of weeks earlier, and the house that you broke into was where this man supposedly lives.
4. You went in with your friend and removed the cassette player and the cricket bat. You broke into this house at around midnight, and that is a burglary of a home at night. It would have been even worse or more aggravating if there were people at the house you broke into.
5. You are 25 years’ old and this is the first time you have appeared before the Court – that will certainly be in your favor. Your village pulenuu, through probation, confirmed by way of letter informs of a village penalty that you have already served or provided to your village.
6. You pleaded guilty to both offences when this matter was first called in Court on 21 December 2015.
7. The prosecution submits that the Court considers a non-custodial sentence given the circumstances of your offending.
8. I consider the circumstances of your offending at the lowest end of burglary and theft and agree with prosecution that a non-custodial sentence is appropriate. I take the offence of burglary as the leading offence. The offence of theft is part and parcel of the offence of burglary. These two offences go hand in hand.
9. Lalolama, you are convicted and sentenced as follows:
   1. Burglary: eight months’ supervision with the following conditions:
      1. Eighty hours’ community service; and
      2. Any other as directed by Probation.
   2. Theft: convicted and dismissed.
      

____________________________

Laulusā Justice Mata Tuatagaloa