Police v Kalapu [2017] WSSC 38 (4 April 2017)

IN THE SUPREME COURT OF SAMOA
Police v Kalapu [2017] WSSC 38

Case name:	Police v Kalapu 38
Citation:	[2017] WSSC
Decision date:	04 April 2017
Parties:	POLICE (Prosecution) AND AFA PATRICK KALAPU also known as PATRICK AFA BRIAN KALAPU male of Matautu-tai, Fugalei and Lepa Aleipata. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Burglary carries a maximum of 10 years in prison Patrick. Considering the circumstances of your case I will start sentencing at 4 years in prison, that takes into account your record. The only factor in your favour is you pleaded guilty and you saved the court wasting its time. For that I will deduct 1 year, leaves 3 years in prison. On each count of burglary you are accordingly convicted and sentence to 3 years in prison. On the counts of theft you will be convicted and sentenced to 12 months on each charge, concurrent terms. willful damage, 3 months in prison also concurrent.
Representation:	V Afoa for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:	Burglary and theft – willful damage – previous convictions
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

AFA PATRICK KALAPU also known as PATRICK AFA BRIAN KALAPU male of Matautu-tai, Fugalei and Lepa Aleipata.
Defendant

Counsel:
V Afoa for prosecution
Defendant unrepresented

Sentence: 04 April 2017

SENTENCE

1. The police summary of facts which Patrick has admitted says he is a 24 year old male of Matautu-tai single and works at the Fish Market. First complainant is the owner of a vessel called the Pacific Pearl moored at the time at the Apia Marina. Second complainant is also a foreigner owner of the Pure Indulgence a vessel also berthed at the Marina.
2. It is alleged that on 17 November 2016 the defendant burgled the Pacific Pearl and stole a Samsung S5 cellphone valued at $2000 belonging to the first complainant. Not long after he burgled the Pure Indulgence and stole a Samsung Galaxy S7 cellphone valued at $2,268.00 and a Samsung laptop valued at $3,024.00 properties of the second complainant. Total value of these items is $6,914.00. As a result of those incidents the defendant has been charged with burglary and theft.
3. The second lot of charges facing the defendant concerns his breaking into Club X at Matautu in the course of which he damaged the back door and the door handle of the club. This occurred about a month later on 27 December 2016. While in the club the defendant took a number of bottles of spirits as well as some T-shirts all valued in total at $1,116.00.
4. The defendant accordingly faces three counts of burglary, four counts of theft and one count of intentional damage. To all charges he has pleaded guilty. In relation to his background a list of previous convictions that he has confirmed is before the court. That shows previous convictions for theft in 2010 and burglary and theft in 2011, as well as willful damage in 2012 and theft in 2016 for which he received various prison terms.
5. There is no question that with this background a further imprisonment penalty is required for you Patrick. You keep breaking into peoples boats or houses and stealing their properties the court will keep sending you to jail. So it is up to you. The public must be protected from actions like this and a deterrent sentence for you personally and everyone generally is required.
6. Burglary carries a maximum of 10 years in prison Patrick. Considering the circumstances of your case I will start sentencing at 4 years in prison, that takes into account your record. The only factor in your favour is you pleaded guilty and you saved the court wasting its time. For that I will deduct 1 year, leaves 3 years in prison. On each count of burglary you are accordingly convicted and sentence to 3 years in prison.
7. On the counts of theft you will be convicted and sentenced to 12 months on each charge, concurrent terms.
8. On the willful damage, 3 months in prison also concurrent.
9. Masalo a tuu faatasi uma mataupu nei Patrick e ova ma le 10 tausaga e te nofo sala ai i le toese mo gaioiga lea na e faatinoina. Ae ou te talitonu ua tele tele lena taimi. O le faamama avega lea o le a avatu ia oe o le a tuli faatasi uma ou faasalaga i mataupu nei. O lona uiga o le aofai o le taimi e te falepuipui ai e 3 tausaga. O leisi faamama avega o le a avatu e le Faamasinoga ia oe ona o lena e te talavou o le a faaaoga le taimi lea na e taofia ai e fai ma leisi vaega o lau sala. O lona uiga e tatau ona toese mai le 3 tausaga lena le taimi lea sa e taofia e faatalitali le faaiuga o le mataupu. Ua e malamalama i le faaiuga Patrick? (Defendant said yes).
10. Pei ona ou fai atu o lou lumanai na e i ou aao Patrick. A faapea o lau amio lea o le tatala mai o oe i tua ae e alu toe fai mea faapea ia o le iuga lava e toe ave oe i gauta. Pule la oe, o lena e te laititi e lei taitai lou olaga, maimau lou taimi i nei mea, na o se fautuaga a le Faamasinoga ae pule a lau susuga. E pule a Patrick ia Patrick.

JUSTICE NELSON