Police v Siaosi [2018] WSSC 21 (22 February 2018)

SUPREME COURT OF SAMOA
Police v Siaosi [2018] WSSC 21

Case name:	Police v Siaosi
Citation:	[2018] WSSC 21
Decision date:	22 February 2018
Parties:	POLICE v SULA SIAOSI male of Sapunaoa and Vaitele-fou.
Hearing date(s):	18 January 2018
File number(s):	S743/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted of each of the burglary and theft charges and sentenced to 8 months imprisonment on each of those charges. These sentences are to be concurrent so that you will serve 8 months imprisonment for both charges. - Convicted of the possession of narcotics charge and sentenced to 5 months imprisonment. This sentence is to be cumulative on your concurrent sentence of 8 months imprisonment. So you will serve a total sentence of 13 months imprisonment. - Time that you have been remanded in custody from 14 November 2017 to today is to be deducted from that sentence.
Representation:	L Sio for prosecution Accused in person
Catchwords:	aggravating features relating to the offending – aggravating features relating to the accused as offender - burglary – possession of narcotics – starting point for sentence – sentence – theft
Words and phrases:
Legislation cited:	Crimes Act 2013s.174 s.161 s.165 (c); Narcotics Act 1967, s.7
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

SULA SIAOSI male of Sapunaoa and Vaitele-fou
Accused

Counsel:
L Sio for prosecution
Accused in person

Sentence: 22 February 2018

S E N T E N C E

The charges

1. Sula Siaosi, you appear for sentence on one charge of burglary, contrary to s.174 of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment; one charge of theft, contrary to s.161 of the Act, which carries a maximum penalty of 2 years imprisonment pursuant to s.165 (c); and one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18. The burglary and theft charges relate to an incident in May 2017 and the possession of narcotics charge relates to an incident in November 2017.
2. It appears from the Court file that you were charged with two counts of burglary and two counts of theft in relation to two separate incidents in May 2017. When that matter was called for mention on 29 May 2017, you pleaded guilty to one count of burglary and not guilty to the other count of burglary and the two counts of theft. Your case was then adjourned to 29 September 2017 for hearing on the counts to which you had pleaded not guilty. On 29 September 2017, you failed to appear and a warrant was issued for your arrest. The police were not able to locate you until the incident in November 2017 from which the count of possession narcotics arose.
3. It appears also from the Court file that in relation to your November 2017 offending, you were remanded in custody on 14 November 2017. Your case was then called for mention on 4 December 2017 in relation to the charges that arose from the November incident. You pleaded guilty to the charge of possession of narcotics and not guilty to the other charges against you. As you were still remanded in custody at that time, your case was set down for hearing on 18 January 2018. At that hearing, the charges to which you had pleaded not guilty were dismissed.
4. On 22 January 2018, the charges in relation to the May 2017 incidents were re-called for mention. The prosecution withdrew the burglary charge and one of the two theft charges to which you had pleaded not guilty on 29 May 2017. You then decided to change your plea to the remaining theft charge from not guilty to guilty.
5. It therefore appears that even though you pleaded guilty at the earliest opportunity to the burglary charge for which you now appearing for sentence, your plea of guilty to the related theft charge following a not guilty plea was very belated. Your plea of guilty to the possession of narcotics charge was made at the earliest opportunity.

The offending

6. In relation to the incident in May 2017, the prosecution summary of facts which you admitted shows that on Friday 19 May 2017 at around midnight, you went to an Ocean Blue company building at Vaitele-tai and stole the following items of property: (a) a suitcase valued at $50, (b) a colgate paste valued at $5.50, (c) a styling gel valued at $4.50, (d) one Rexona spray valued at $6.00, (e) one tooth brush valued at $1.50, and (f) a gold necklace valued at $700. The total value of the properties you stole is $767.50.
7. In relation to the incident in November 2017, the prosecution summary of facts which you accepted, shows that on 12 November 2017 the police were accompanying you in a police vehicle from Faleasiu to the Faleolo police post. One of the police officers saw you trying to throw out a paper wrap. He removed the paper wrap from you. When the police arrived at the Faleolo police post, they opened the paper wrap which contained eight small marijuana branches weighing 12.5 grams and loose marijuana leaves weighing 2.0 grams. These marijuana substances were estimated to produce nineteen joints.

The accused

8. As your pre-sentence report shows, you are 21 years and single. You finished school at Year 12 when you were expelled for smoking cigarettes at school. You then found employment with a bus company and at the time of this offending, you were employed as a labourer at an engineering business.
9. There is no character testimonial provided for you as you have been unable to provide to the probation service any contact phone number of any member of your family. You have previous convictions all dated 21 September 2016 for burglary, theft, and causing intentional damage for which you were sentenced to 6 weeks imprisonment. On 19 May 2017, you committed the burglary and theft for which you are now appearing for sentence.

The aggravating features relating to the offending

10. In relation to your offending in May 2017, the aggravating feature is the total value of the properties stolen. In relation to your offending in November 2017, it is the quantity of marijuana substances found in your possession.

The aggravating features relating to the accused as offender

11. Your guilty pleas to the charges are a mitigating feature relating to you as offender. But because of the long delay before you pleaded guilty to the theft charge following a not guilty plea, I will give you limited credit on your guilty pleas to the theft charge and the related burglary charge.

Discussion

12. Having regard to the aggravating feature relating to your May 2017 offending, I will take 8 months as the starting point for sentence. I will add on one month for your previous convictions. That increases the starting point to 9 months. I will then deduct one month for your guilty pleas. That leaves 8 months.
13. Having regard to the aggravating feature of your November 2017 offending, I will take 7 months as the starting point for sentence. I will not add on anything for your previous convictions which have already been taken into account in relation to your May 2017 offending. I will deduct 2 months for your early guilty plea. That leaves 5 months.

Result

14. You are convicted of each of the burglary and theft charges and sentenced to 8 months imprisonment on each of those charges. These sentences are to be concurrent so that you will serve 8 months imprisonment for both charges.
15. You are convicted of the possession of narcotics charge and sentenced to 5 months imprisonment. This sentence is to be cumulative on your concurrent sentence of 8 months imprisonment. So you will serve a total sentence of 13 months imprisonment.
16. The time that you have been remanded in custody from 14 November 2017 to today is to be deducted from that sentence.
17. Stand down.

CHIEF JUSTICE