Police v Pio [2019] WSSC 63 (14 August 2019)

SUPREME COURT OF SAMOA
Police v Pio [2019] WSSC 63

Case name:	Police v Pio
Citation:	[2019] WSSC 63
Decision date:	14 August 2019
Parties:	POLICE v VISESIO ASO PIO male of Matautu-tai and Laulii
Sentencing date(s):	14 August 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:	- On the charge of aggravated robbery, you are convicted and sentenced to 2 years and 9 months imprisonment less time remanded in custody.
Representation:	Q Sauaga for Prosecution Accused self-represented
Catchwords:	aggravated robbery – aggravating features – guilty plea – maximum sentence – mitigating factors –
Words and phrases:	The victim was vulnerable as a taxi driver with three of you in the taxi robbing him; your actions forced the taxi driver to jump out of the moving taxi; (v) You took his taxi which and stole his black touch screen phone valued at $150; lengthy prior conviction; family has tried to give you guidance in your life as has your church pastors.
Legislation cited:
Cases cited:	Police v Finau [2018] WSCA 7 (25 October 2018).
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

VISESIO ASO PIO male of Matautu-tai & Laulii.
Accused

Counsel: Q Sauaga for Prosecution

Accused self-re-presented

Decision: 14 August 2019

SENTENCE

The Charges:

[1] Visesio, you appear for sentence on charge of aggravated robbery which carries a maximum sentence of up to 14 years imprisonment.

The Offending:

[2] According to the Prosecution Summary of Facts as amended yesterday, on Friday 19 April 2019, you were drinking with friends at Matautu. At approximately 2am, you together with your co-defendant and a third person stopped the victim’s taxi and told the victim to drive you to Matautu-tai. You went into the front passenger seat and your co-defendant and third person sat in the back seat.

[3] On the way to Matautu-tai, you punched the victim in the mouth. The taxi then stopped and your co-defendant went to the front and drove the taxi. Your co-defendant then drove the taxi with the intention of going to Laulii. However, when the taxi reached Vaipuna, the victim jumped out of the taxi and ran for help. Your co-defendant, the third person and you continued to drive off. You three took the victim’s $150.00 and the co-defendant and the third person took the victim’s touch screen phone.

[4] In your Pre-Sentence report, you told the Probation Service that the third person you were with made the plan to rob a taxi and that you and your co-defendant agreed to the plan.

The Accused:

[5] You are a 29 year old male of Matautu-tai, Laulii and Matautu Falelatai. According to your Pre-Sentence Report, you were raised in Siumu and your father was a carpenter and your mother employed at Yazaki. You completed school to year 11 and in 2006, you moved to Matautu-tai to live with your mother and step-father at Matautu-tai. No character references have been able to be provided in support of your character.

The Victim:

[6] All that is known of the victim is what is stated in the Summary of Facts. No Victim Impact Report has been submitted. The victim is a 23 year old male of Vaimea, single and works as a carpenter and taxi driver.

Aggravating Features:

[7] Other then what is inherently aggravating in the charge of aggravated robbery involving offending jointly committed by more than one person, the aggravating features of your offending are:

(i) Premeditation;
(ii) You initiated the violence against the victim;
(iii) The victim was vulnerable as a taxi driver with three of you in the taxi robbing him;
(iv) Your actions forced the taxi driver to jump out of the moving taxi; and
(v) You took his taxi which and stole his black touch screen phone valued at $150.

[8] In terms of mitigating features of your offending, there are none.

[9] In terms of aggravating features personal to you as an offender, it is your lengthy prior conviction record including for similar offending starting in 2010

Mitigating factors as an offender:

[10] In respect of the mitigating factors personal to you as an offender, the only mitigating feature is your guilty plea. No remorse was stated during your sentencing hearing yesterday. No remorse was expressed during the course of your PSR interview and I do not consider you remorseful for your offending.

Discussion:

[11] Visesio, you have a history of offending starting in 2010. As is clear from the various earlier Pre-Sentence Reports I have read together with your most recent Pre-Sentence Report, alcohol has been a key factor in your offending over the years. When you addressed the Court yesterday about why you continue to offend and come before the Courts, you acknowledged yourself that alcohol keeps leading you to crime.

[12] You also acknowledged that your family has tried to give you guidance in your life as has your church pastors but when you get drunk, you forget all about what they have said to you. As it seemed yesterday, you are now at a point in your life that when you come before the Courts, you do not even have the support of your family anymore.

[13] Visesio, only you can change your life. As you have said, your family and your Pastors have tried to counsel you but that it seems that advice has fallen on deaf ears. While others can only try and help you, the responsibility is yours to make a change in your life. I encourage you Visesio that you find your way back to your family and you seek their support. I also encourage you that when you complete your sentence, that you seek help with your problems with alcohol. There are organizations in Samoa such as the Salvation Army, Alcoholics Anonymous and others that the Prisons or Probation Service may be able to help place you in at the end of your sentence.

[14] Your offending is serious offending. In the course of your planned robbery of a vulnerable taxi driver, you initiated the violence against your victim. You then took his taxi, money and the phone which your co-defendant and the third person kept. Attacks on taxi drivers has become increasingly prevalent and it is becoming more and more a dangerous service to provide to the public, particularly at nights and when picking up young drunk men such as you and your friends were that night.

[15] I have considered the authorities referred to by Prosecution together with Police v Finau [2018] WSCA 7 (25 October 2018). I accept the Prosecution submission of 3 years imprisonment as appropriate. I uplift that by 6 months for your prior convictions and I deduct 9 months for your early guilty plea.

Result:

[16] On the charge of aggravated robbery, you are convicted and sentenced to 2 years and 9 months imprisonment less time remanded in custody.

JUSTICE CLARKE