Police v Misipati [2018] WSSC 18 (29 January 2018)

SUPREME COURT OF SAMOA
Police v Misipati [2018] WSSC 18

Case name:	Police v Misipati
Citation:	[2018] WSSC 18
Decision date:	29 January 2018
Parties:	POLICE (Informant) and MISIPATI TAULAPAPA FAAFETAI, male of Vaitele-uta & Fogā Savaii (Accused)
Hearing date(s):
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Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:
Representation:	L Sio for Prosecution Accused self represented
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IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

MISIPATI TAULAPAPA FAAFETAI, male of Vaitele-uta & Fogā Savaii
Accused

Counsel:
L Sio for Prosecution
Accused self represented

Sentence: 29 Januay 2018

SENTENCING OF CLARKE J

1. Misipati you appear for sentencing on two charges as follows: that on the 27 October 2017 you committed the act of burglary by unlawful entry into the Blue’s Barbeque Shop of Lafaele Nauer at Vaitele-uta. That charge carries a maximum penalty of up to 10 years imprisonment. You also appear for sentencing on one charge of theft as a result of that burglary: you entered that property and stole $135.00 money belonging to Tina Fang Mei Ling a female of China, Mulifanua and Vaitele-uta.
2. According to the summary of facts which you accepted this afternoon, your employment was terminated on the 25 October 2017 by the victim company. Two days later on the 27^th October 2018 at around 3am, you broke into the building in which the victim’s company operated from by entering through the broken door which you knew was broken. You then stole the $135.00 belonging to Tina Fang Mei Ling.
3. You are a 24 year old male of Foga Savaii and Vaitele-uta. You attended Palauli Sisifo College where you left school after year 12. You are a single male. The first victim of your offending is the owner of the property that you broke into, that is Lafaele Nauer. The second victim of your offending is Tina Fang Mei Ling.
4. The aggravating features of your offending are as follows:
   • First is the breach of trust. Even though you had ceased employment with the second victim Fang Mei Ling, you had knowledge of her premises from your employment there and you used that knowledge to break in and steal.
   • Second is premeditation and,
   • Third is the time in which you carried out your offending 3am in the morning.
5. There are no mitigating features of your offending and there are no aggravating features personal to you as an offender as you are a first offender. In terms of the mitigating factors personal to you as an offender, I will take into account your early guilty plea. Secondly, for the purposes of sentencing I will accept that you are remorseful.
6. Misipati you’ve told me that you do not wish to go back and that you had earlier been remanded in custody. You must understand quite clearly that the offending for which you appear for sentencing is very serious because burglary has a maximum penalty of up to 10 years imprisonment. For people like you who continue to offend by breaking and entering or stealing, you may be given an opportunity on the first occasion but that may not be extended to you on the second or third time. You have seen what awaits you up at prison. I accept what prosecution says that custodial sentence is not appropriate but should you re-appear for any offences of dishonesty, you may face an imprisonment term and go to jail. So use this opportunity that will be extended to you.
7. So taking into account your offending as a whole as well as the aggravating and mitigating features of your offending and those personal to you as an offender, in respect of the charge of burglary you are convicted and sentenced to 12 months supervision and you are ordered (1) to attend the Teen Challenge program as directed by the Probation Service for a period of not less than 6 weeks and; (2) you are to attend any other programs directed by the probation services. In respect of the charge of theft, the sentencing approach is that of totality in sentencing. So accordingly for this charge you are convicted and discharged.

JUSTICE LEIATAUALESA DARYL CLARKE