Police v Liuafi [2016] WSSC 215 (19 December 2016)

IN THE SUPREME COURT OF SAMOA
Police v Liuafi [2016] WSSC 215

Case name:	Police v Liuafi
Citation:	[2016] WSSC 215
Decision date:	19 December 2016
Parties:	POLICE (Prosecution) and ISAIA LIUAFI male of Manono-uta and Talimatau. (Defendant)
Hearing date(s):	-
File number(s):	S929/16, S930/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	There are no other factors in your favour, for the offence of burglary convicted and sentenced to 18 months in prison. On the offence of theft concurrent term of 12 months in prison.
Representation:	V Afoa for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:	Burglary and theft – term of imprisonment – home invasion offense
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

ISAIA LIUAFI male of Manono-uta and Talimatau.
Defendant

Counsel:
V Afoa for prosecution
Defendant unrepresented

Sentence: 19 December 2016

S E N T E N C E

1. Isaia appears for sentence on charges of burglary and theft to which he pleaded guilty. The police summary of facts which he accepts says he is 24 years old from Talimatau and Manono. The victim is a 34 year old male from Talimatau and is the owner of the house at Talimatau that the defendant broke into.
2. This occurred at about 2:45 am on 21 March 2016 and involved the defendant and his brother. His brother Palemata for whom there remains an outstanding warrant of arrest. What they did is they approached the back of the house, used a knife to tear the screen wire of a window, removed the louvers and entered the house. At the time the complainant and his family were asleep inside the house. They took some phones as well as two black label whiskeys. One of the phones was an I-Phone 5 which is quite valuable. Total value of property stolen according to the Police summary of facts $2,552.90.
3. There is no evidence that any of these properties have been recovered and returned to the complainant. The defendant asked the court this morning for another chance “avanoa.” The problem Isaia is that in 2014 you received that avanoa. In 2014 your record shows you were convicted of burglary and theft and were placed under the supervision of the probation office for 12 months. You were not sent to prison. You have obviously learnt nothing from that Isaia. People who appear before this court always get a chance, you have had yours.
4. It is now time for a different penalty to be imposed. You are required to serve a term of imprisonment in order for you to understand that ‘kalepe fale’ and ‘gaoi’ is not going to be tolerated by the court especially for those who do it twice. The message must also continue to go out to everyone that if you do this you are likely going to end up in prison.
5. The offence of burglary carries a 10 year maximum penalty Isaia. This is a home invasion offense involving expensive goods and you did it while the family were asleep in their house. I agree with the prosecution a 2 year start point is appropriate. That must be upgraded to 2½ years because of your record. The only factor in your favour Isaia is your guilty plea which has saved the courts time. For that I am going to deduct 12 months from your sentence, that leaves 18 months in prison.
6. There are no other factors in your favour, for the offence of burglary convicted and sentenced to 18 months in prison.
7. On the offence of theft concurrent term of 12 months in prison.
8. E poloaiga foi e le faamasinoga le taimi lea na e nofo taofia ai e faatalitali le faaiuga o le mataupu lea e tatau ona toese mai lou faasalaga. (Remand in custody time to be deducted).
   

JUSTICE NELSON