Police v Panapa [2018] WSSC 107 (7 September 2018)

SUPREME COURT OF SAMOA
Police v Panapa [2018] WSSC 107

Case name:	Police v Panapa
Citation:	[2018] WSSC 107
Decision date:	07 September 2018
Parties:	POLICE(Prosecution) VAAI PANAPA male of Vailele-tai. (Defendant)
Hearing date(s):	-
File number(s):	S933/16, S944/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	In respect of the charge of burglary convicted and sentenced to 3 years 9 months imprisonment, cumulative to your present term. On the charge of theft following a similar process convicted and sentenced to 18 months in prison, concurrent term.
Representation:	Ms Faasii for prosecution Defendant unrepresented
Catchwords:	- career criminal - keep on re-offending - keep on sending you back to jail - public requires protection – deterrent - held accountable – burglary - long history of convictions - mitigating factor – convicted and sentenced – cumulative to present term.
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Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

VAAI PANAPA male of Vailele-tai.
Defendant

Counsel:
Ms Faasii for prosecution
Defendant unrepresented

Sentence: 07 September 2018

SENTENCE

1. The defendant is a career criminal. I have given him many chances when I was a judge in the District Court and he took none of them. In 2007 he began being sent to prison for burglary and theft. Story of your life Vaai is now prison, parole, reoffend, prison, escape, reoffend, prison and on and on it goes. It is a waste because I know you are not a stupid boy. But I do not know what else to say to you and the only family you seem to have known for the last decade or so are your fellow prisoners at Tafaigata. You keep on re-offending the court will just keep on sending you back to jail. And on and on your life goes.
2. The crimes the defendant appears for sentence on today were committed when he escaped from prison in 2016. The defendant told the probation service that at 5:00 a.m. on Sunday, 20 March 2016 he broke into the complainants house situated at Vailele which was then unattended. The defendant slashed the window screen wire and removed the louvers. He climbed in and stole amongst other things a tablet, some stereos, some jewelry and some New Zealand dollars in cash.
3. The police summary of facts which the defendant has admitted sets the total value of the properties stolen at $3,810.44. These properties belonged to the complainant who is a resident of Vailele the defendants village and it is likely the defendant was well acquainted with the complainants property.
4. The victim impact report says only the speakers of the stereo were recovered but these were no longer working. It also appears that the defendant made no effort to even try to contact the complainant to apologise for what he did. There is only one place for recidivist offenders like this and in view of his history Vaai should never be granted parole or weekend leave.
5. The public requires protection from the defendant who must be held accountable for his crimes. It is hoped the defendants sentence is a deterrent for him for the future but I doubt it. But it may be a deterrent to others like him.
6. You face two charges, one of burglary with a 10-year maximum penalty and one of theft considering the values of the goods with a 7-year maximum penalty. You have a long history of convictions Vaai including many offences of burglary and theft.
7. The appropriate start point considering the circumstances and your record should be 5 years in prison. The only mitigating factor in your favour is your guilty plea which has saved the courts time and limited resources. I will give you the full deduction for that one-quarter of your sentence, leaves 3 years 9 months.
8. In respect of the charge of burglary convicted and sentenced to 3 years 9 months imprisonment, cumulative to your present term.
9. On the charge of theft following a similar process convicted and sentenced to 18 months in prison, concurrent term.

____________________
JUSTICE NELSON