Police v Taua and Maliefou [2016] WSSC 66 (14 March 2016)

SUPREME COURT OF SAMOA
Police v Taua and Maliefou [2016] WSSC 66

Case name:	Police v Taua and Maliefou
Citation:	[2016] WSSC 66
Decision date:	14 March 2016
Parties:	POLICE (prosecution) and ANITELEA TAUA male of Samusu and AFATO MALIEFOU male of Samusu (defendants)
Hearing date(s):
File number(s):	S135/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	For the two charges against Anitelea and for the one charge against Afato you are both convicted and ask to come up for sentence within 12 months. You will not be called upon if you do not reoffend.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Armed with a dangerous weapon
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

ANITELEA TAUA male of Samusu and AFATO MALIEFOU male of Samusu
Defendants

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 14 March 2016

S E N T E N C E

1. Both defendants appear for sentence on joint charge of theft of an animal which carries a maximum penalty of 7 years and one count against defendant Anitelea of being armed with unlicensed firearm.
2. The summary of facts and the probation reports confirmed that the defendants are planters and pig hunters. Both documents also confirmed that the two pigs were killed deep in the bush.
3. And that only one of the pig was ear marked. And this pig was killed through the use of dogs and the unlicensed firearm carried by Anitelea. When you brought the pigs to the village you did not intentionally try to hide the pig because you thought that they were wild pigs. Any person who owns pig and does not keep them in a sty should expect those pigs when they roam to the bush be killed by somebody else. These two pigs were not killed within a pig sty and that is a favour that I will take you to. I have read the probation report prepared on your behalf and I have also read the testimonials attached to those reports. The unlicensed firearm I am told is now in the possession of the police which should be eventually destroyed and I need not make any further orders regarding that unlicensed firearm.
4. Anitelea is 38 years, he is single, he has very limited education and he seems to be a hard working farmer. Afato is also farmer and planter, he is 23 years and I am told by the probation report that he has a partner and three children. Both of you have very good previous good records. I take in your favor as I said before that the pigs were killed deep in the bush and only one of them was ear marked. And you pleaded guilty at very early stage when the charges were put to you. I am told by the probation report that you have apologised to the owner of the pigs.
5. For the two charges against Anitelea and for the one charge against Afato you are both convicted and ask to come up for sentence within 12 months. You will not be called upon if you do not reoffend.

JUSTICE VAAI