Police v Vaoiva [2018] WSSC 47 (12 March 2018)

IN THE SUPREME COURT OF SAMOA
Police v Vaoiva [2018] WSSC 47

Case name:	Police v Vaoiva
Citation:	[2018] WSSC 47
Decision date:	12 March 2018
Parties:	POLICE (Informant) and FALA VAOIVA, male of Laulii (Defendant).
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	You are convicted and sentenced to 6 months’ imprisonment; to be followed by 6 months’ supervision with the condition to attend the Anger Management and Alcohol/Drugs Programs. Your time of almost 3 months’ imprisonment is counted towards your 6 months’ imprisonment.
Representation:	L Sio for Prosecution Accused appears in Person
Catchwords:	Robbery – recidivist offender – early guilty plea – custodial sentence – supervision to follow
Words and phrases:	Not accepted into ADC
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FALA VAOIVA, male of Laulii
Accused

Counsel:
L Sio for Prosecution
Accused appears in Person

Sentence: 12 March 2018

SENTENCING OF TUATAGALOA J

1. You are not accepted into the Alcohol and Drugs Court (ADC) because of the following factors:
   • The ADC Clinician’s opinion is that you genuinely do not want to change but you only want to come into ADC as an alternative to going to prison.
   • The ADC Team carried out two Family Group Conferences with your family at Lalovaea and also at Laulii. Your mother at Lalovaea, although she gives support for you to be in ADC says that you don’t live at home and does not know how where you live – that you move from one friend’s house to another.
   • Your family at Laulii (father’s family) do not want you to live with them saying that you don’t remain there but only for a short period of time and then leave again. They are also more worried because of your tendency to offend will result in the family being imposed with village penalties.
   • You cannot be in ADC without a stable family environment to live and attend the ADC program.

Sentence:

2. I will now sentence you. You are charged with one count of robbery which penalty is maximum 10 years’ imprisonment.
3. You have a lengthy list of previous convictions dating back to 2009 when you were only 15 years old. You are now 24 years of age and still offending. You are known as a recidivist offender.
4. Your previous offending include burglary, theft, assault, actual bodily harm, threatening words and possession of narcotics. This time the offence of robbery is an upgrade from your previous offending of theft and assault.
5. Your last offence was committed in 2015. Judging from your record you were released from prison sometime in 2016 and only re-offended again in December 2017 which you now appear to be sentenced. There was the one (1) year since being released that you did not re-offend. This shows that you can control yourself or can stay away from committing crimes.
6. The aggravating factors are your previous convictions and the robbery was not provoked. The circumstances of this offending was you showing “power” (fai le maso).
7. The only mitigating factor is your early guilty plea. The Prosecution has asked for a custodial sentence of 9 months altogether to be followed by 6 months supervision.
8. As I have said before there is hope for you in that one (1) year you did not commit any offending. I will utilize that window with the hope that you will use the time properly and manage to stay away from trouble.
9. You are convicted and sentenced to 6 months’ imprisonment; to be followed by 6 months’ supervision with the condition to attend the Anger Management and Alcohol/Drugs Programs.
10. Your time of almost 3 months’ imprisonment is counted towards your 6 months’ imprisonment.
    

JUSTICE TUATAGALOA