Police v I'a [2018] WSSC 79 (30 May 2018)

IN THE SUPREME COURT OF SAMOA
Police v I’a [2018] WSSC 79

Case name:	Police v Joe I’a
Citation:	[2018] WSSC 79
Decision date:	30 May 2018
Parties:	POLICE (Informant) and JOE I’A, male of Faleatiu-tai (Accused)
Hearing date(s):
File number(s):	S354/18
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:	- You are convicted and sentenced to 8 months supervision on the condition that (a) you carry out 50 hours community work at SVSG, if not you are otherwise directed by the probation service; (b) attend and successfully complete the Teen Challenge program; (c) no alcohol in 3 months. - You are to re-appear before me on Monday 27 August 2018 at 12.30pm for judicial monitoring and report from the Probation Service as to your compliance with these orders.
Representation:	L Mamaia for Prosecution Accused self represented
Catchwords:	endangering transport; safety of road users
Words and phrases:	have not fully taken responsibility for your actions nor have you sought to address the cause of your offending; endanger transport by throwing rocks at cars; problem with the irresponsible consumption of alcohol
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:

JOE I’A, male of Faleatiu-tai
Accused

Counsel:
L Mamaia for Prosecution
Accused self represented

Sentence: 30 May 2018

SENTENCE

1. Joe, you appear for sentence on one charge of endangering transport, namely that at Vailuutai on the 27^th day of January 2018, with reckless disregard for the safety of the passenger on a vehicle, you threw a stone to a transport facility that was likely to cause danger to such person or such property.
2. The charge carries a maximum penalty of up to 14 years imprisonment.

The Offending:

3. According to the prosecution Summary of Facts that you have confirmed. On Saturday 27 January 2018 at 9.00pm, the victim was dropping off employees of the NHS who had finished work using the NHS vehicle, a white Hiace van. The van was travelling from Faleolo to Apia and when the van arrived at the speed hump at Vailuutai, you threw a rock at the van striking the back mirror of the van. You then ran off and fled the scene.
4. You told the Probation Service that you had been consuming alcohol starting at about 7.00pm, drinking a fagu maso celebrating your rugby team’s win. You stopped at about 8.00pm, were disciplined by your uncle and then walked by the road side. You say you were heavily intoxicated, picked up a rock on the side of the road and when the van approached, you threw it hitting its’ side. The van stopped and you fled.

The Accused:

5. You are a 20 year old male of Faleatiu-tai. You are single and are employed as a carpenter. According to your PSR, you completed school to year 12.
6. As your offending involved alcohol and to address the cause of your offending, on recommendation by the ADC Clinician, you were directed by this Court to attend the 8 week Toe Afua Se Taeao Fou Program. You attended only two sessions and then stopped attending.
7. You were also directed by this Court to attend on the Probation Service to complete your Pre-Sentence Report and you also failed to do so.

The Victim:

8. The victim of your offending is the NHS whose vehicle was damaged and the passengers in that van that night.

Aggravating and Mitigating Features:

9. The aggravating features of your offending are (a) the damage to the van; (b) your gross disregard for the safety of road users;
10. There are no mitigating factors in terms of your offending.
11. There are no factors aggravating to you as an offender. You are a first offender.
12. Factors in mitigation personal to you are (a) your early guilty plea; (b) restitution paid to the NHS for the damage caused to the van, albeit by your mother of $1,500.00; and (c) the village penalty paid of $300 and 2 large fine mats.

Discussion:

13. You have failed to comply with Court directions to attend on the Probation Service to have your PSR prepared. You have also failed to comply with Court directions to attend the Toe Afua Se Taeao Fou Program to address the cause of your offending. The Probation Service has declined to make a recommendation in respect of your sentencing
14. What is clear from what I have perused is that you have supportive parents. Your mother paid restitution to the NHS for your actions. The PSR shows she is employed as a cleaner for the Samoa Airport Authority so the payment of $1,500 for her is a large amount of money. When you did not attend for your Pre-Sentence Report, it was your father who attended on your behalf.
15. In my view, you have not demonstrated genuine remorse for your actions and whilst you have pleaded guilty to the offending, you have not fully taken responsibility for your actions nor have you sought to address the cause of your offending. Through the Court, the opportunity has been given to you to attend programs to help you so that you do not re-appear. Despite directions for you to attend the Toe Afua Se Taeao Fou Program, you did not do so.
16. It appears to be becoming in vogue for the youth of our country such as yourself to endanger transport by throwing rocks at cars or otherwise interfere with the free movement of cars on roads. I have carefully considered whether a custodial sentence is therefore warranted as a strong deterrent to others who might think of committing this type of offence and because of your apparent determination not to comply with Court directions.
17. Bearing in mind that your offending was not pre-meditated and the factors that I have set out in mitigation, I have decided to impose a non-custodial sentence to give you a final opportunity to address the cause of your offending with deterrence factored into that sentence. If you do not comply with the sentence that I set out below, you must be aware Joe that the sentence can be cancelled and substituted with another sentence including that of imprisonment.
18. Please use this opportunity wisely, attend the program so that you can address your problem with the irresponsible consumption of alcohol and hopefully, that will ensure that you do not re-offend and come back before the Courts.

Result:

19. You are convicted and sentenced to 8 months supervision on the condition that (a) you carry out 50 hours community work at SVSG, if not you are otherwise directed by the probation service; (b) attend and successfully complete the Teen Challenge program; (c) no alcohol in 3 months.
20. You are to re-appear before me on Monday 27 August 2018 at 12.30pm for judicial monitoring and report from the Probation Service as to your compliance with these orders.

JUSTICE CLARKE