Police v Taupau Pii [2016] WSSC 75 (4 May 2016)

SUPREME COURT OF SAMOA
Police v Taupau Pii and Anor [2016] WSSC 75

Case name:	Police v Taupau Pii & Anor
Citation:	[2016] WSSC 75
Decision date:	04 May 2016
Parties:	Police (Informant) and Faasamoa TAUPAU PII and Pesamino TAUPAU PII, both males of Vaoala (Defendants)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusā Justice Mata Tuatagaloa
On appeal from:
Order:	Pesamino Taupau, you are convicted and sentenced as follows: • Burglary: six months’ supervision; • Theft: three months’ supervision; • 50 hours’ community service. The supervision terms to be concurrent but cumulative to the 12 months’ supervision imposed on 12 April 2016. Faasamoa Taupau: • Burglary: six months’ supervision; • Theft: three months’ supervision; • 50 hours’ community service. The supervision terms to be concurrent but cumulative to supervision term imposed on 14 April 2016.
Representation:	F Ioane for Prosecution Defendants in Person
Catchwords:	Burglary – theft – both currently serving supervision terms – first offenders – early guilty pleas – pre-meditated
Words and phrases:
Legislation cited:
Cases cited:	Police v Lautoka [2016] WSSC 35 (14 March 2016). Police v Pati Ieremia [2014] WSSC 151 (14 July 2014).
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FAASAMOA TAUPAÙ PII ma PESAMINO TAUPAÙ PII, both males of Vaoala
Defendant

Counsel:
F Ioane for Prosecution
Defendants in Person

Sentence: 04 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Both defendants are currently serving supervision terms of 12 months with special conditions which include 100 hours’ community service. This sentence was delivered on 12 April 2016 on similar offending of burglary and theft committed between 31 May 2015 – 01 July 2015.
2. The sentencing judge on 12 April 2016 declared a conflict on the following remaining charges to which both defendants are now appearing for sentencing:
   • Pesamino Taupau: burglary (S2640/15) and theft (S2636/15) carried out between 31 May 2015 – 01 July 2015; the victim is Roy Lee of Vaoala and Vaivase-tai and the total value of the offending amounts to $1,295.60.
   • Faasamoa Taupau: burglary (S2637/15) and theft (S2635/15) carried out between 31 May 2015 – 01 July 2015); the victim is Lefau Harry of Vaoala and the total value of the offending amounts to $3,303.00.
3. Prosecution referred to sentences imposed in Police v Tekauita Havea Lautoka^[1] and Police v Pati Ieremia^[2]; to which sentences of six months’ imprisonment followed by 12 months’ supervision were imposed. The other difference is that the defendant Tekauita Havea Lautoka was not a first offender but has previous convictions of similar offending.
4. I am insulted by the prosecution counsel who wrote the submissions saying that no aggravating features were noted in Tekauita Lavea case. I am the sentencing judge and my sentencing of that defendant in writing dated 14 March 2016 a copy of which was given to the prosecution office and if prosecution Counsel was not lazy and had bothered to read and understand that sentencing decision he would have noted the following aggravating features:
   • Aggravating feature personal to the offender Tekauita is her previous conviction.
   • Aggravating features to that offending are home invasion and at night of a private home, pre-meditation, value of properties stolen and lack of remorse.
5. I now warn counsel not to be careless and lazy with his submissions to the point of making false submissions on cases or decisions of Judges.
6. These two defendants did not, or should not be seen as re-offending because the defendants did not commit these offences after being sentenced in April 2016. These two offences could have all been dealt with at the same time if it was not for a conflict of the sentencing Judge.
7. Additionally, the defendants did not commit these offences whilst awaiting sentences as in Police v Pati Ieremia^[3].

Pre-Sentence Reports:

8. Pesamino Taupau, you are 20 years old; left school at Year 12 saying that you were lazy and lost academic interest; you found work but then again grew tired of working and stopped. You are clearly lazy and want an easy life.
9. When you stayed home you went with a friend and committed these offences. You fell into peer pressure and the idea of getting it easy but you did not think of the consequences.
10. Faasamoa Taupau, you are 18 years old. It is obvious from the pre-sentence report that you like your older brother Pesamino fell into peer pressure. Unlike your older brother you were employed at the time of the offending and were earning $200 a week. Both you and your brother need to change the group of friends you are mixing with. If you don’t you will always find yourself on the wrong side of the law.

Aggravating Features:

11. Aggravating to the offending are:
    • home invasion – whether or not there were people at home;
    • there is planning involved in that both break-ins were timed when no one was at home;
    • value of properties stolen. There is nothing to say that any of the properties were recovered; and
    • Any damages to the house when broken into.

Mitigating Features:

12. The mitigating features are:
    • First offender - I will not place any weight on first offender status but I will place weight on their age of 20 years and 18 years as fairly young;
    • Guilty pleas – I will only give 10% discount because only vacated not guilty to guilty after four months.

Decision:

13. Pesamino Taupau, you are convicted and sentenced as follows:
    • Burglary: six months’ supervision;
    • Theft: three months’ supervision;
    • 50 hours’ community service.
14. The supervision terms to be concurrent but cumulative to the 12 months’ supervision imposed on 12 April 2016.
15. Faasamoa Taupau:
    • Burglary: six months’ supervision;
    • Theft: three months’ supervision;
    • 50 hours’ community service.
16. The supervision terms to be concurrent but cumulative to supervision term imposed on 14 April 2016.

JUSTICE TUATAGALOA

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^[1] Police v Lautoka [2016] WSSC 35 (14 March 2016).
^[2] Police v Pati Ieremia [2014] WSSC 151 (14 July 2014).
^[3] ibid