Police v Smith [2016] WSSC 201 (22 November 2016)

IN THE SUPREME COURT OF SAMOA
Police v Smith [2016] WSSC 201

Case name:	Police v Smith
Citation:	[2016] WSSC 201
Decision date:	22 November 2016
Parties:	POLICE (Informant) and ROBERT KALATI SMITH, male of Palisi and Lalovaea (Defendant).
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced to Burglary (x4): Total 2 years’ supervision; Theft (x4): Total 120 hours’ community The Court orders the following conditions of supervision: a) The probation services to liaise with the victims of these offendings for the defendant to carry out or do work for the victim free of charge. This work will be viewed as community service. This is also making the defendant accountable for his criminal behaviour; b) The defendant to personally apologise to the victims of his offending. The probation service to facilitate the apology; c) The defendant to be under a curfew from 7.30pm – 7.00am; d) The defendant is not to associate with the co-defendants of these offendings; e) The defendant is not to re-offend; and f) Any other as directed by Probation.
Representation:	L Sio for Prosecution Defendant appears in Person
Catchwords:	Burglary – theft – multiple offences – first offender – non-custodial sentence
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

ROBERT KALATI SMITH, male of Palisi and Lalovaea
Defendant

Counsel:
L Sio for Prosecution
Defendant appears in Person

Sentence: 22 November 2016

SENTENCING OF TUATAGALOA J

1. The defendant, Robert Smith, is jointly charged with other co-offenders for burglary and theft of various places. The young co-offenders under 17 years’ old were transferred to the Youth Court and one other co-offender had already been dealt with by this Court.
2. The defendant with co-defendants committed the following:
   1. On 05 August 2016, burgled and stole from Mingxia Sun of Levili, properties to the value of $4,755.00;
   2. On 07 August 2016, burgled and stole from Yanmei Wu, owner of Good Taste Restaurant at Mulivai, properties to the value of $830.00;
   100. On 07 August 2016, burgled and stole from Chee Zhu of Sunrise Restaurant properties to the value of $369.20; and
   4. On 09 August 2016, burgled and stole from Taialii Tuia properties to the value of $345.60.
3. The defendant confirmed the summary of facts of the above offending. The defendant told the Court that the offendings were in the early hours. The pre-sentence report for Robert Smith told the probation services of the defendant drinking alcohol with his co-defendant before committing one of the offending.
4. The defendant Robert Smith is 17 years’ old and unemployed. The defendant and his co-defendants are no longer in school and are from the Lalovaea – Palisi area.
5. The offending of burglary and theft is the trend of offending with youths who live in the urban area, no longer in school and have nothing to do. The defendant and his co-defendants spree of offending is a menace to society and especially to the business community. The increase in unemployed youth is a glaring problem within the country.
6. The defendant is a first offender.
7. The probation services, given Robert’s age, recommends a community based sentence.
8. The defendant is young and being a first offender are triggers for a non-custodial sentence. The Court then considers whether the circumstances of the offending makes it more appropriate to impose a custodial sentence instead of non-custodial.
9. Although the defendant Robert is considered an adult, he is at 17 years’ old is still a teenager and the principles of sentencing of young offenders which focus on rehabilitation must focus on rehabilitation must be applied to this young defendant.
10. The charges of burglary and theft on 05 August 2016 of Ming Xia Sun’s Warehouse, the defendant Robert Smith is convicted and sentenced to six months’ supervision for burglary and 40 hours’ community work for theft.
11. The charges of burglary and theft on 07 August 2016 of Good Taste Restaurant, the defendant is convicted and sentenced to six months’ supervision for burglary and 20 hours’ community service for theft.
12. The charges of burglary and theft on 07 August 2016 of Sunrise Restaurant, the defendant is convicted and sentenced to six months’ supervision for burglary and 20 hours’ community service for theft.
13. The charges of burglary and theft on 09 August 2016 of Taialii Tuia’s canteen, the defendant is convicted and sentenced to 6 months’ supervision and 40 hours’ community service for theft.
14. The Court orders the following conditions of supervision:
    1. The probation services to liaise with the victims of these offendings for the defendant to carry out or do work for the victim free of charge. This work will be viewed as community service. This is also making the defendant accountable for his criminal behaviour;
    2. The defendant to personally apologise to the victims of his offending. The probation service to facilitate the apology;
    100. The defendant to be under a curfew from 7.30pm – 7.00am;
    4. The defendant is not to associate with the co-defendants of these offendings;
    5. The defendant is not to re-offend; and
    6. Any other as directed by Probation.
15. Although the offending are the same they were nevertheless committed on different dates and involve different victims. It is therefore appropriate for the sentences for to be cumulative. The cumulative sentences are as follows:
    1. Burglary (x4): Total 2 years’ supervision;
    2. Theft (x4): Total 120 hours’ community service.
       

JUSTICE TUATAGALOA