Police v Falatea [2017] WSSC 135 (3 July 2017)

THE SUPREME COURT OF SAMOA

Police v FALATEA [2017] WSSC 135

Case name:	Police v Falatea
Citation:	[2017] WSSC 135
Ruling date:	03 July 2017
Parties:	POLICE (Prosecution) v SIULI TUPUOLA FALATEA male of Siufaga-Falelatai and Nuu-fou. Accused
Hearing date(s):
File number(s):	S769/17 and S770/17
Jurisdiction:	Criminal
Place of delivery:	The Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	Convicted in respect of both charges before the Court and sentenced to 12 months supervision on the following conditions: (i) attend a 6 weeks alcohol program conducted by the Samoa Victim Support Group; (ii) not to consume any alcohol for the next 6 months; and (iii) not to re-offend.
Representation:	O. Tagaloa for Prosecution Accused self represented
Catchwords:	Theft - burglary
Words and phrases:	Make the most of this opportunity - because it will not happen twice
Legislation cited:	Crimes Act 2013 section 174
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

SIULI TUPUOLA FALATEA male of Siufaga-Falelatai and Nuu-fou
Accused

Counsel:
O. Tagaloa for Prosecution
Accused self represented

Decision: 03 July 2017

ORAL SENTENCING DECISION OF CLARKE J

1. Siuli, you appear for sentencing on two charges as follows:
   • (i) one count of burglary pursuant to section 174 of the Crimes Act 2013 which carries a maximum penalty of 10 years imprisonment; and
   • (ii) one charge of theft pursuant to 161 and 165(c) of the Crimes Act 2013 which carries a maximum penalty of two years imprisonment.
2. According to the prosecution summary of facts which you have admitted, on the 23^rd May 2017 about 2.30am, you went to the complainant’s house while they were sleeping. You went to the back of the house and removed louvers of one of the rooms. You then entered the complainant’s house without his lawful authority and stole a Sumsung J5 mobile phone valued at $759.00. You then left the house through the back door and fled.
3. You are a 25 year old male of Faleula. You are unmarried and are unemployed. You grew up at Faleula and you are the 6^th of 9 children. You completed your education at year 10. According to the pre-sentence report, you had various jobs including a bbq eatery at Vaitele followed by a Japanese water tank company. Since that company returned to Japan, you have remained at home and are unemployed.
4. The complainant is a 36 year old male of Faleula and Malie. He is employed at the Ministry of Education Sports and Culture. According to the pre-sentence report, your family has apologized to the complainant. The complainant appreciates the steps that your family has taken to reconcile with them. I assume you did not attend because you have been held in custody. But it seems from the pre-sentence report that the complainant would value an apology from you.
5. The aggravating features of your offending are as follows:
   • (i) First you entered the victim’s home whilst they were all asleep at 2.30am in the morning, an unlawful entry;
   • (ii) Two, premeditation.
6. Mitigating features, there are none. Aggravating in respect of you as an offender there are none also. In respect of the mitigating factors personal to you as an offender I take the following on board:
   • (i) is your remorse as indicated through the pre-sentence report;
   • (ii) is your prior good character;
   • (iii) is your early guilty plea; and
   • (iv) finally is the apology to the complainant made through your family.
1. Siuli, the charge of burglary for which you have pleaded guilty is a very serious charge. It carries a penalty of up to 10 years imprisonment. And part of the reason that it is a serious offence is because in your case, you entered the home of the victim whilst they slept. Those types of offending give rise to feelings of insecurity by the victims and they feel violated by the fact that you’ve been inside their home at night. And often, that sense of insecurity goes well after you have left the house. Your action on this night was clearly that of a fool but you are fortunate that you have a supporting family. That is important for you because I also have no doubt that you offending has disappointed your family.
2. You must be quite clear Siuli that if you re-appear before the Court on a similar type of offence, you will most likely receive a custodial sentence. You have spent some time up at Tafaigata so you know what it is like in prison. And you have told me that there is no future for you there and I agree with you. So you make the most of the opportunity that you will be given today because it will not happen twice.
3. Now in all the circumstances, I take into account your offending as a whole the aggravating and mitigating factors of your offending and those personal to you as an offender, you are convicted in respect of both charges before the Court and sentenced to 12 months supervision on the following conditions:
   • (iv) You are to attend a 6 weeks alcohol program conducted by the Samoa Victim Support Group;
   • (v) you are not to consume any alcohol for the next 6 months; and
   • (vi) you are not to re-offend.
     
4. Make the most of this opportunity Siuli.

JUSTICE CLARKE