Police v Mala [2018] WSSC 44 (10 April 2018)

SUPREME COURT OF SAMOA
Police v Mala [2018] WSSC 44

Case name:	Police v Mala
Citation:	[2018] WSSC 44
Decision date:	10 April 2018
Parties:	POLICE v MALA male of Aele and Letogo.
Hearing date(s):
File number(s):	S1782/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted of the charges against him and sentenced to 5 months imprisonment on the burglary charges and 5 months imprisonment for the theft charges. These sentences are to be concurrent so that the accused will serve only 5 months imprisonment. - The time for which the accused has been remanded in custody is to be deducted from that sentence. That means the accused will end his sentence on 17 April 2017.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	aggravating features relating to the accused as offender – aggravating features relating to the offending – burglary – theft – pleaded guilty at the earliest opportunity –– starting point for sentence – sentence
Words and phrases:
Legislation cited:	Crimes Act 2013, s.174, s.161, s.165 (c)
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

SIPUNI MALA TUSIGA MALA male of Aele and Letogo.
Prosecution

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 10 April 2018

S E N T E N C E

The charges

1. The accused appears 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, and 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). To both charges, the accused pleaded guilty at the earliest opportunity.

The offending

2. The prosecution summary of facts shows that on 29 October 2017 at around 8:00pm at Faleula-uta, the accused went to the complainant’s house. He entered the house without lawful authority and stole one Nike Sport shoe valued at US$280.00 and a pair of socks valued at $3. The total value of the stolen properties in Samoan currency is $722.65. At the time of the present offending, the accused was serving a sentence of 12 months supervision for a similar offending he committed in 2016.
3. As shown from the pre-sentence report dated 8 November 2016 for the accused’s previous offending, the accused comes from a low income family at Aele. He had a low level of education having finished school at Year 8. He then worked on his family’s peanut farm. The accused’s pre-sentence report dated 6 June 2017 shows that on 18 November 2016, he appeared before this Court on three charges of burglary and five charges of theft. He was then convicted and sentenced to 12 months supervision and ordered to perform 100 hours community service and to remain at home from 6pm – 6am.
4. The accused’s pre-sentence report for this matter shows that the accused’s date of birth cannot be verified even though his pre-sentence report dated 8 November 2016 shows him to be 19 years old.

The aggravating features relating to the offending

5. The aggravating features relating to this offending are the value of the stolen properties, home invasion, and the fact that the present offending occurred while the accused was still serving a term of supervision from his previous offending in 2016.

The aggravating features relating to the accused as offender

6. The accused’s previous convictions in 2016 for similar offences is an aggravating feature relating to the accused as offender.

The mitigating features relating to the accused as offender

7. The only mitigating feature relating to the accused as offender is his early guilty plea.

Discussion

8. Having regard to the aggravating features relating to the offending, I will take 5 months as the starting point for sentence. I will add on two months for previous convictions. That increases the starting point to 7 months. For the mitigating features relating to the accused as offender, I will deduct 2 months for the early guilty plea. That leaves 5 months.
9. The accused, as further confirmed by him, has been in custody since 17 November 2017.

Result

10. The accused is convicted of the charges against him and sentenced to 5 months imprisonment on the burglary charges and 5 months imprisonment for the theft charges. These sentences are to be concurrent so that the accused will serve only 5 months imprisonment.
11. The time for which the accused has been remanded in custody is to be deducted from that sentence. That means the accused will end his sentence on 17 April 2017.

CHIEF JUSTICE