Police v Smith [2018] WSSC 92 (12 June 2018)

IN THE SUPREME COURT OF SAMOA
Police v Smith [2018] WSSC 92

Case name:	Police v Smith
Citation:	[2018] WSSC 92
Decision date:	12 June 2018
Parties:	POLICE (Informant) and FAATAU’I SMITH, male of Laulii (Accused)
Hearing date(s):	12 June 2018
File number(s):	S718/18 & S699/18
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:	- In respect of the charge before the Court of aggravated robbery you are convicted and sentenced to 9 months supervision and you are ordered to carry out 50 hours of community work. You are to carry out your community work at the Samoa Victim Support Group. If the SVSG does not wish to use your services, then otherwise as directed by the Probation Service. You are also directed to attend any other programs as directed by the probation service.
Representation:	L I Atoa for Prosecution Accused self represented
Catchwords:	took the pawpaw and rubbed it with the victim’s face, aggravated robbery, group robbery, co-defendant threatened the victim there with a knife, mimika and malovale and learned a lesson about being a showoff.
Words and phrases:
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:

FAATAU’I SMITH, male of Laulii
Accused

Counsel:
L I Atoa for Prosecution
Accused self represented

Sentence: 12 June 2018

ORAL SENTENCE

The Charge:

1. Faatau’i Smith you appear for sentence on one charge of aggravated robbery that together with Glen Simeona you robbed one Ioelu Savea of $26.70 cash, one t-shirt and one pair of slippers. The maximum penalty for aggravated robbery is 14 years imprisonment.

The Offending:

2. According to the Prosecution summary of facts accepted by you this afternoon and as amended, on the night of the 12 April 2018 and the morning of the 13 April 2018 the victim went to the seawall next to the Samoa Tourism office with a security guard from the Seana night club. After the security guard left to go home the victim laid down and was about to sleep. He was then woken by you and your co-defendant. Together with your co-defendant you threatened the victim to give you money and cigarette but the victim said he does not smoke. The co-defendant then hit the victim with a rotten pawpaw.
3. You told me today that a third person that was there with you that morning took the pawpaw and rubbed it with the victim’s face. You then together took the victim behind the government building. Your co-defendant threatened the victim there with a knife in the terms said out in the summary of facts. Together with your co-defendant you then robbed the victim of the cash and the items.

The Accused:

4. You are a 22 year old male of Maluafou. You are single and completed school to year 5. According to the pre-sentence report you are employed at a local supermarket earning $205.00 per week. You have a positive character reference from your employer.

The Victim:

5. The victim is a 22 year old male of Mulifanua and Puleia. He is single and employed as a supakako.

Aggravating Features:

6. In terms of aggravating features for your offending they are as follows:
   • (i) It was a group robbery particularly the degrading involving the smear of the raw pawpaw on the victim’s face and;
   • (ii) The vulnerability of the victim.
7. In terms of mitigating features of your offending there are none.
8. In terms of the aggravating features in respect of you as an offender there are none you are a first offender.

Mitigating factors as an offender:

9. In respect of the mitigating factor in respect of you as an offender I take onboard the following factors:
   • (i) Your remorse;
   • (ii) Prior good character;
   • (iii) Your early guilty plea and;
   • (iv) Reconciliation that is referred to in the pre-sentence report.

Discussion:

10. Prosecution seeks a non-custodial sentence to be imposed upon you. After hearing from you and given your positive character reference, your prior good character, the reconciliation, the early guilty plea and the value of the good robbed, I agree with the prosecution and will impose a non-custodial sentence.
11. I expect however that having being arrested charged and held in custody for three days you have learnt a valuable lesson. You have told me that in respect of the offending that night you learned a lesson about being a showoff. The malovale and mimika as you described that is conduct that will lead to further matters for you before the Court. And I sincerely hope that you have learned a valuable lesson and that you will no longer behave in that way. Because if you come back for similar offending in the future as you described the conduct in the words mimika and malovale, you can expect a likely imprisonment term. So use this opportunity that is being given to you.

Result:

12. In respect of the charge before the Court of aggravated robbery you are convicted and sentenced to 9 months supervision and you are ordered to carry out 50 hours of community work. You are to carry out your community work at the Samoa Victim Support Group. If the SVSG does not wish to use your services then otherwise as directed by the Probation Service. You are also directed to attend any other programs as directed by the probation service.

JUSTICE CLARKE