Police v Faasao [2017] WSSC 51 (3 March 2017)

SUPREME COURT OF SAMOA
Police v Faasao [2017] WSSC 51

Case name:	Police v Faasao
Citation:	[2017] WSSC 51
Decision date:	3 March 2017
Parties:	POLICE (Prosecution) v MALOTUTOATASI FAASAO aka ELIA FAASAO FAANATI male of Solosolo Accused
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	The Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Tuala Warren
On appeal from:
Order:	The accused is convicted of all four charges and sentenced to 12 months supervision pursuant to section 12 of the Community Justice Act 2008. Special conditions of supervision are; he is to undergo the Alcohol and Drugs Court Program through Probation, perform 60 hours of community service and he is not to consume alcohol.
Representation:	F. Ioane for Prosecution Accused in person
Catchwords:	Burglary,- Assault,- Throwing stones,- Armed with a dangerous weapon
Words and phrases:
Legislation cited:	Crimes Act 2013 ,sections 174 and 33 -Crimes Act 2013 section 123 - Police Offences Ordinance 1961 section 26, - Crimes Act 2013section 33, - Police Offences Ordinance 1961 section 25 Crimes - Act 2013 section 33 Community Justice Act 2008 section 12
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

MALOTUTOATASI FAASAO aka ELIA FAASAO FAANATI male of Solosolo
Accused

Counsel:
F. Ioane for Prosecution
Accused in person

Sentence: 3 March 2017

S E N T E N C E

The charge

1. The accused appears for sentence on four joint charges as follows;
   2. Burglary pursuant to sections 174 and 33 of the Crimes Act 2013 which carries a maximum penalty of 10 years imprisonment;
   3. Assault pursuant to section 123 Crimes Act 2013 which carries a maximum penalty of 1 year imprisonment;
   4. Throwing stones pursuant to section 26 of the Police Offences Ordinance 1961 and section 33 of the Crimes Act 2013, which carries a maximum penalty of 1 year imprisonment; and
   5. Armed with a dangerous weapon pursuant to section 25 of the Police Offences Ordinance 1961 and section 33 of the Crimes Act 2013 which carries a maximum penalty of 1 year imprisonment.
2. The co-accused Setu Vitolia Falaniko was issued with a warrant of arrest for non appearance on 16 February 2017.
3. The accused on the same date, was granted leave to vacate his not guilty pleas and substituted with guilty pleas.

The offending

4. The Prosecution summary of facts admitted by the accused says that on the night of 16 March 2016, the complainant was asleep when the accused and his companion, both drunk, approached the complainant’s house. Prior to this night, the complainant had blamed the accused and his companion of stealing from his house.
5. The complainant heard them so he went outside. That was when the accused went into the complainant’s house and rummaged through his belongings. He then grabbed the complainant’s pillows and sheets and threw them outside the house. His companion burnt the pillows and sheets using a mosquito coil.
6. When the complainant went towards the accused and his companion, they threw him with stones. The complainant sustained a minor injury to his forearm.

The accused

7. As shown in the pre-sentence report, the accused is 19 years old and single. He lives with his parents and brothers at Solosolo. He left school after Year 10 and now works for Tank Guy at Pesega.
8. He is a first offender.
9. The character testimonials from his mother, religious leader and village mayor say that the accused is a reliable person and has changed since this offending. He now regularly attends church and stays home to look after his parents.
10. He paid a village penalty of $500.00.
11. There has been reconciliation with the complainant.

The Victim

12. Prosecution advised that the victim is overseas and thus his unavailability for a victim impact report.

Aggravating features

13. It is aggravating that the accused used stones which he threw towards the complainant. He sustained an injury, albeit a minor one.
14. It is also aggravating that the offending involved unlawful entry into the complainant’s home.
15. The complainant was alone which made him vulnerable as the accused came with a companion.
16. The accused and his companion planned the offending. It was night time and they were drunk. They were already angry about the complainant’s accusations.

Mitigating Factors

17. I consider the young age of the accused as a mitigating factor. He is 19 years old.
18. I consider that he is being productive by being in paid employment which helps his family.
19. I take into account the character testimonials from his mother, his village mayor and his religious leader.
20. He has also paid a village penalty and has reconciled with the complainant.
21. I will give him some credit for his belated guilty pleas.
22. The accused was drunk at the time of the offending. This is not a factor in mitigation but it does alert the Court to the need for the accused to receive some education around alcohol consumption given his young age.

Discussion

23. Prosecution submits that the offending by the accused attracts a sentence of supervision with a requirement for him to attend suitable programs as the Court sees fit.
24. Probation also recommends a sentence of supervision and community work.
25. This young man needs to be held accountable for the harm done to the complainant. He needs to realise the seriousness of his offending. He will be monitored and provided with suitable rehabilitative options so that he does not re-offend. I urge him to take this matter seriously as the further offending will not be viewed lightly by the Court.

Sentence

26. Having considered the circumstances of this case I have decided to impose a non-custodial sentence. The accused is convicted of all four charges and sentenced to 12 months supervision pursuant to section 12 of the Community Justice Act 2008. Special conditions of supervision are; he is to undergo the Alcohol and Drugs Court Program through Probation, perform 60 hours of community service and he is not to consume alcohol.

JUSTICE TAFAOIMALO TUALA WARREN