Police v Leilua [2016] WSSC 52 (8 April 2016)

SUPREME COURT OF SAMOA
Police v Leilua [2016] WSSC 52

Case name:	Police v Leilua
Citation:	[2016] WSSC 52
Decision date:	8 April 2016
Parties:	POLICE v FALAILA ANAMANI LEILUA male of Malaemalu, Falealili.
Hearing date(s):	8 April 2016
File number(s):	S3717/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 8 months imprisonment on each of the two charges against him. Both sentences to be concurrent.
Representation:	O Tagaloa for prosecution Accused in person
Catchwords:	Sentence – intentional damage – aggravating and mitigating features – starting point for sentence
Words and phrases:
Legislation cited:	Crimes Act 2013. ss.182 (a), 184 (2) (a)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO. S3717/15

BETWEEN

P O L I C E
Prosecution

A N D

FALAILA ANAMANI LEILUA male of Malaemalu, Falealili.
Accused

Counsel:
O Tagaloa for prosecution
Accused in person

Sentence: 8 April 2016

S E N T E N C E

The charge

1. The accused Falaila Anamani Leilua is a 53 year old male of Malaemalu, Falealili; and Auckland, New Zealand. He appears for sentence on one charge of arson, contrary to s.182 (a) of the Crimes Act 2013, which carries a maximum penalty of 14 years imprisonment, and on one charge of causing intentional damage to property, contrary to s.184 (2) (a) of the Act which carries a maximum penalty of 7 years imprisonment. To the charges, the accused pleaded guilty at the earliest opportunity. However, this matter was then adjourned several times for a report whether the cables damaged by the accused emit radiation which the accused claims to have affected his health.

The offending

2. As shown from the prosecution’s summary of facts confirmed by the accused and from what the accused told the probation service as shown from the pre-sentence report, on a previous occasion, the accused had requested the complainant, Bluesky Samoa Ltd, to remove its copper and fibre cables near his family’s house at Malaemalu because it was making him sick. He told the Court that it was the radiation from the cables that made him sick. However, Bluesky did not remove its cables. So on 15 October 2015 at Malaemalu between 3:00am – 4:00am, the accused picked up a machete from inside his house and went to the location of the fibre cables and cut the fibre cables three times. On that same day, Bluesky personnel went to Malaemalu and repaired the damage.
3. On 11 November 2015 at Malaemalu between 2:30am – 3:00am, the accused turned off the electricity meter of his family’s house and then walked to the Bluesky manhole where the copper cables are stored in front of his house. He then soaked a towel with kerosene, lit the towel, and threw it into the manhole burning the copper cables. The total value of the damage to Bluesky’s cables is $7,436.
4. The pre-sentence report shows that the accused told the probation service that he has a serious illness and he had come from New Zealand to Samoa to look for treatment for his illness. It is not shown from the pre-sentence report what the accused’s illness is. But it appears that the accused was already seriously ill when he came from New Zealand to Samoa. The pre-sentence report states that the accused did not provide any medical confirmation for his illness. The accused also told the probation services that the Bluesky cables were the cause of the deaths of his two siblings because of the unhealthy air from the cables that they breathed each day. There was no mention to the Court by the accused that there was any unhealthy air from the cables but only omission of radiation from the cables. There is no proof that the cables resulted in ill-health or caused the deaths of the accused’s siblings. The Court then adjourned this matter several times for reports on the condition of the cables as claimed by the accused.
5. The reports from the country manager of Bluesky show that there are two types of cables used in this incident. These are copper and fibre cables. The country manager says in his report that there is no effect of copper and fibre cable transmission on the human body. Such cables do not pose a risk to human health as they do not radiate RF energy. The cables are therefore safe and do not have high power transmission that would affect the human body. The report from the telecommunication engineer for the Electric Power Corporation shows that there is no radiation from the cables used by Bluesky. There is therefore no radiation from those cables that would affect the human body or endanger human lives.
6. As it also appears from the pre-sentence report, the accused told the probation service that he will never back down in this matter and he is ready to file a claim against Bluesky because it has had a huge impact on him and his family. The problem with the accused’s concerns is that there is no proper evidence to support them. The reports from the country manager of Bluesky and the telecommunication engineer for the Electric Power Corporation show that the cables are safe and would not endanger human lives or have an impact on the human body.

The accused

7. As shown from the pre-sentence report, the accused is single and migrated to New Zealand in 2001. He worked in New Zealand for ten years in a stationeries company. He was then employed in a dispatch company but he left that company due to his present serious illness. As earlier mentioned, it is not clear what that illness is. He then returned to Samoa to look for treatment for his illness. If this is correct, then it is clear that the accused was already seriously ill before he returned to Samoa. I therefore do not accept that the Bluesky’s cables made the accused sick. There is also no medical evidence to show that the cables have worsened the accused’s illness.
8. Apart from what the accused’s cousin Tumua said to the probation service during an interview that the accused is a trustworthy and hardworking person within their family, there is no other character testimonial on the accused. The accused has a previous conviction in 1990 for causing injuries. Given the age of that conviction, I will not take it into account as an aggravating feature relating to the accused as offender.

The aggravating and mitigating features

9. The aggravating features relating to this offending are the high degree of premeditation and the extent of the damage. The actions of the accused in cutting the fibre cables with a machete three times on 18 October 2015 in the early hours of the morning and then burning the copper cables with a towel soaked with kerosene on 11 November 2015 in the early hours of the morning were plainly premeditated and calculated. The copper cables were also burnt on 11 November after the damage to the fibre cables on 18 October had been repaired by Bluesky. The total value of the damage to the cables is $7,436 which is not an insignificant amount.
10. The only mitigating feature relating to the accused as offender is his guilty plea to the charges.

Discussion

11. Having regard to the need for deterrence in this type of offending and the aggravating features relating to the offending, I will take 12 months as the starting point for sentence. I will deduct 3 months for the early guilty plea. That leaves 9 months. I am still unsure whether the accused has a serious illness because of the absence of any medical confirmation. In case what the accused has said is true, I will deduct one month. That leaves 8 months.

Result

12. The accused is convicted and sentenced to 8 months imprisonment on each of the two charges against him. Both sentences to be concurrent.

CHIEF JUSTICE