Police v Tomasi [2019] WSSC 4 (12 February 2019)

SUPREME COURT OF SAMOA
Police v Tomasi [2019] WSSC 4

Case name:	Police v Tomasi
Citation:	[2019] WSSC 4
Decision date:	12 February 2019
Parties:	POLICE v JOE TOMASI male of Satapuala.
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 12 months’ supervision and ordered to perform 100 hours’ community work. -
Representation:	L. Su’a-Mailo for prosecution Accused in person
Catchwords:	Burglary – theft – aggravating features relating to the offending – mitigating features relating to the accused as offender –
Words and phrases:
Legislation cited:	Crimes Act 2013, s.174(1)(a) 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

AND

JOE TOMASI male of Satapuala
Accused

Counsel:
L. Su’a-Mailo for prosecution
Accused in person

Sentence: 12 February 2019

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(1)(a) 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 he pleaded guilty at the earliest opportunity.

The offending

2. The prosecution summary of facts confirmed by the accused shows that at Satapuala on
   6 November 2018 at around 5.30am whilst the accused was on his way to school, he entered the complainant’s house assuming that it was unattended. He saw the complainant sleeping in his bedroom and he took the following items of property: (a) one Alcatel Pixi black phone valued at $89; (b) one Alcatel black phone valued at $200; (c) one Black phone valued at $300; (d) one Bluetooth speaker valued at $200; (e) one Samsung charger valued at $20; (f) one Alcatel charger valued at $20; (g) and cash of $15. The total value of the stolen items of property including the cash is SAT$844.00.
3. When the complainant woke up, he noticed that his bag was missing and he became suspicious that someone has broken into his family’s house and stole it. He then went looking around the vicinity of his house. He heard the sound of a speaker coming from the bush not far from his house. He went to where the sound was coming from and found the accused under a tree listening to music from his (the complainant’s) Bluetooth speaker. When the accused saw the complainant, he ran away. The Faleolo police were contacted and they recovered the following items: (a) one Black phone valued at $300; (b) one Bluetooth speaker valued at $200; (c) one Samsung charger valued at $20; and (d) one Alcatel charger valued at $20. The total value of the recovered items is SAT$540.00.

The complainant

4. The complainant, as shown from the victim impact report, is a 27 year old male of Satapuala. He says that his three phones were recovered but two of them were damaged because the accused had thrown them inside a rubbish bin.

The accused

5. As shown from the pre-sentence report, the accused is 18 years old and attending his final year at Aana College. His father described him to the probation services as a quiet and obedient young man who is supportive of his parents. The pastor of his Church informed the probation service that the accused used to attend church regularly and participated in church activities but recently he has not done so.
6. The accused’s father appeared and told the Court that he has apologized to the complainant and his mother and his apology was accepted. He also apologized to the Court for his son’s actions. The accused also apologized to the Court and said he will not offend again. He also expressed remorse to the probation service.

The aggravating features relating to the offending

7. The following are the aggravating features of this offending:
   • (a) home invasion; and
   • (b) total value of the stolen properties including the cash.

The mitigating features relating to the accused as offender

8. The following are the mitigating features relating to the accused as offender:
   • (a) young age;
     • (b) still a student;
     • (c) remorse;
     • (d) apology by the accused’s father to the complainant and his mother which was accepted;
     • (e) previous good character prior to commission of the present offences; and
     • (f) early guilty plea.

Discussion

9. Having considered the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided to give the accused a second chance to redeem himself. He is still a young man with his future ahead of him. But I must warn the accused not to offend again. If he does, he runs the real risk of going to prison. He should also go back to attending church on Sundays and participate in church activities as he used to do before this offending. The accused’s parents have an obligation to ensure that their son remains of good character and I strongly urge them to carry out that obligation.

The result

10. The accused is convicted and sentenced to 12 months’ supervision and ordered to perform 100 hours’ community work.

CHIEF JUSTICE