Police v Tauvela [2016] WSSC 208 (17 November 2016)

IN THE SUPREME COURT OF SAMOA
Police v Tauvela [2016] WSSC 208

Case name:	Police v Tauvela
Citation:	[2016] WSSC 208
Decision date:	17 November 2016
Parties:	POLICE (Informant) and LEON MIKAELE TAUVELA, male of Siusega (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 charges of burglary and theft on 02 August 2016, the defendant Leon Tauvela is convicted and sentenced to six months’ supervision for burglary and 40 hours’ community work for theft. The charges of burglary and theft on 09 August 2016, the defendant Leon Tauvela is convicted and sentenced to six months’ supervision for burglary and 40 hours’ community service for theft. 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 and 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. The sentences for burglary and theft are to be cumulative. Although the two sets of offending are the same they were nevertheless committed on different dates and involve different victims. It is therefore appropriate. That is: a) Burglary (x2): Total 12 months’ supervision; b) Theft (x2): Total 80 hours’ community service.
Representation:	V Afoa for Prosecution Defendant in Person
Catchwords:	Theft – burglary – 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:

LEON MIKAELE TAUVELA, male of Siusega
Defendant

Counsel:
V Afoa for Prosecution
Defendant in Person

Sentence: 17 November 2016

SENTENCING OF TUATAGALOA J

1. The defendant, Leon Tauvela, is jointly charged with other young offenders for burglary and theft of a shop owned by Peter Brown on 02 August 2016. The young offenders were transferred to the Youth Court.
2. The defendant is also jointly charged with a co-defendant for burglary and theft of the Vaimea School Canteen owned by Taialii Tuia and his wife on 09 August 2016.
3. The defendant from the summary of facts committed the offending in the early hours on 09 August 2016 with co-defendant Robert Kalati. The pre-sentence report for Leon Tauvela told the probation services that he and his co-defendant drank a bottle of Vodka and decided to rob the canteen. He said his co-defendant Robert broke a chair and used it to break the canteen door. It was also Robert who went in and removed the following items which they ate and shared:
   1. Two boxes of Trent biscuits valued at $29.90 each;
   2. Two boxes of Krissy snacks valued at $25.50 each;
   100. Two boxes of Jungle Juice valued at $18.00 each;
   4. Two cartons of soda valued at $36.40 each;
   5. Two boxes of bowl noodles valued at $33.00 each; and
   6. One container of snacks valued at $60.00 each.
4. Prior to 09 August 2016, the defendant Leon Tauvela is charged with two young offenders for breaking into a shop at Taufusi and stole the following items:
   1. Three small Niu Vodka valued at $29.00 each;
   2. Two large red Pall Mall cigarettes valued at $11.50 each;
   100. Two small red Pall Mall cigarettes valued at $6.00 each;
   4. Two Chinese cookies valued at $10.00 each;
   5. Two Devondale milk valued at $4.00 each; and
   6. Two potato chips valued at $1.00 each.
5. The defendant Leon Tauvela is 19 years’ old and unemployed and his
   co-defendant Robert Kalati Smith is 17 years’ old and no longer in school. Both defendants are from the Lalovaea – Palisi area.
6. The offending of burglary and theft is the trend of offending with youth who live in the urban area who are no longer in school and have nothing to do.
7. The defendant Leon Tauvela is 19 years’ old while his co-defendants are aged 17 years and 16 years’ old. Leon seems to be the leader of the pack. Both defendants are first offenders.
8. The defendant Leon’s aunt who took him in told probation of her disappointment with Leon and that the offending took place while she was travelling overseas. She blames the crowd or friends from the same area that Leon must have been associated with during this time
9. The Court agrees with what the pre-sentence report says in the second to last paragraph:

“In relation to this offending, Leon has been associated with the wrong crowd. His co-defendants consist of school leavers and unemployed youth which has dragged him to the wrong direction...His low level of education could also be one of the factors of his involvement in the commission of these offences without making the right choice for himself.”

10. The probation services given Leon’s age recommends a community based sentence.
11. 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.
12. Although the defendant Leon is considered an adult, he is at 19 years’ old still a teenager and the principles of sentencing of young offenders which focus on rehabilitation must be applied to this young defendant.
13. The charges of burglary and theft on 02 August 2016, the defendant Leon Tauvela is convicted and sentenced to six months’ supervision for burglary and 40 hours’ community work for theft.
14. The charges of burglary and theft on 09 August 2016, the defendant Leon Tauvela is convicted and sentenced to six months’ supervision for burglary and 40 hours’ community service for theft.
15. 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 and 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.
16. The sentences for burglary and theft are to be cumulative. Although the two sets of offending are the same they were nevertheless committed on different dates and involve different victims. It is therefore appropriate. That is:
    1. Burglary (x2): Total 12 months’ supervision;
    2. Theft (x2): Total 80 hours’ community service.
       

JUSTICE TUATAGALOA