Police v Walter [2019] WSSC 15 (11 February 2019)

SUPREME COURT OF SAMOA
Police v Walter [2019] WSSC 15

Case name:	Police v Walter
Citation:	[2019] WSSC 15
Decision date:	11 February 2019
Parties:	POLICE v JAY JUNIOR WALTER male of Aleisa.
Sentencing date(s):	11 February 2019
File number(s):
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 charges before the Court and taking into account the facts that I have outlined earlier, you are convicted and sentenced to 9 months supervision on the following conditions: - You are to attend such programs as are directed by the probation service being such programs conducted by the Samoa Victim Support Group to address your alcohol consumption; and - You are to carry out 50 hours community work. That community work is to be carried out at the SVSG. If you are however considered unsuitable by the SVSG for community work; then you are to conduct that community work as otherwise ordered by the probation service.
Representation:	F Ioane for prosecution Accused self-represented
Catchwords:
Words and phrases:	Burglary & theft; victims were sleeping when the defendant approached their home; alcohol was involved; victim is a friend of the defendant;
Legislation cited:
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

JAY JUNIOR WALTER male of Aleisa.
Accused

Counsel:
F Ioane for prosecution
Accused self-represented

Decision: 11 February 2019

O R A L S E N T E N C E

The Charge:

[1] Jay, you appear for sentence on once charge of burglary and one charge of theft of a Samsung J5 telephone. You entered an early guilty plea to the charges.

The Offending:

[2] According to the Summary of Facts which you have accepted this afternoon, on the 28th August 2018 at around 2am at Safaato’a, you went to the complainant’s house whilst the complainant and his brother were sleeping. You went to the complainant’s house without lawful authority and stole a Samsung J5 cellphone valued at $700.00.

[3] Alcohol was involved in your offending.

Background of Accused

[4] You are a 21 year old male of Aleisa. You are unemployed though the material before the Court shows that you have worked in your adopted father’s engineering shop and on your family plantation.

[5] You are the second of four children and completed school to year 8.

[6] Your adopted father Johan describes you as a good hearted person but you have befriended the wrong crowd. He was angry with you for a long time because the victim of your burglary is a good friend of his. He however seeks leniency in your sentencing.

[7] The victim’s father Finau Finau who is the complainant in this matter writes seeking leniency. He confirmed that a customary reconciliation has been performed and accepted. You also have supported letters before the Court. The Court record shows that you have a number of opportunities before the Alcohol and Drugs Court but you did not take those opportunities up.

The Victim:

[8] The victim of your offending is a friend of yours. You broke into their home and stole the items after a drinking session together. You have told the Court that the reason you broke into their home is because you wanted this phone.

Aggravating Features of the Offending:

[9] The aggravating features of your offending are firstly:

1. The breach of trust that you committed because of your relationship or friendship with your victim and;
2. Premeditation.

Mitigating Features personal as an Offender:

[10] In terms of the mitigating factors personal to you as an offender I note the following:

1. First is your remorse which I accept as genuine;
2. Secondly is the reconciliation that you carried together with the apology; and
3. Third your early guilty pleas

Discussion.

[11] Jay you are a young man of 21 years of age. From what I have read and the material before me I see that you come from what it appears to be a good family. You have a family that loves you. You are at an advantage to many defendants that come before this Court because many other defendants that come before this Court do not have the support of their family. I expect that the burglary and theft that you committed has been a significant disappointment to them. You have also spent some time in custody pending the completion of this matter, you now understand well what it means to be held in custody. You have told me that it will not bode for your future.

[12] Jay, I strongly encourage you not to re-offend in future because if you do so, the conviction that you entered today will be taken into account. I also hope that in appearing before the Court and in the dealings that you have nod in relation to this matter, you have learnt a valuable lesson.

[13] I accept what both the Prosecution and the Probation Service have said to me this afternoon and the sentence that I will impose today will be a non-custodial sentence. However, make the most of this opportunity and learn from the programs which I will direct you to attend. The programs are aimed at helping you so you do not re-offend.

[14] In respect of the charges before the Court and taking into account the facts that I have outlined earlier, you are convicted and sentenced to 9 months supervision on the following conditions:

• You are to attend such programs as are directed by the probation service being such programs conducted by the Samoa Victim Support Group to address your alcohol consumption; and
• You are to carry out 50 hours community work. That community work is to be carried out at the SVSG. If you are however considered unsuitable by the SVSG for community work; then you are to conduct that community work as otherwise ordered by the probation service.

JUSTICE CLARKE