SUPREME COURT OF SAMOA
Police v Telea [2019] WSSC 92

Case name: 	Police v Telea	
		
Citation: 	[2019] WSSC 92 	
		
Decision date: 	07 June 2019	
		
Parties: 	POLICE v MUTARAU INA TELEA male of Taufuiopa, Vailuutai and AND MICHAEL also knows as MATHEW FILI SOLO male of Apia, Alamagoto and Tanugamanono 	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	-On the charge of burglary convicted and sentenced to 2 years 3 months in prison less remand in custody time.  - - In relation the charge of theft there was some partial recovery of the properties, convicted and sentenced to 12 months in prison but that is concurrent to your other term.  
- That means Mathew for the burglary and theft of Kilo Shack 2 years and 3 months in prison but your remand in custody time is to be deducted.  
- The other charges against you will be adjourned to the 17th of June 2019 to set new dates.  
- Considering all the circumstances of your matter Muta an appropriate sentence would be 9 months in prison.  I reduce this to 6 months because of your guilty plea.  But this is for a different matter Muta it means that it is cumulative to your present term of imprisonment.  

Representation: 	L Faasii for prosecution
Defendant unrepresented	
		
Catchwords: 	burglary and theft – previous conviction for burglary – guilty plea - career burglar	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	MUTARAU INA TELEA male of Tufuiopa, Vailuutai and Falealupo.
First Defendant

AND:

	MICHAEL also knows as MATHEW FILI SOLO male of Apia, Alamagoto and Tanugamanono.
Second Defendant

Counsel:	
L Faasii for prosecution
Defendant unrepresented

Sentence:	07 June 2019

S E N T E N C E
1.	Both defendants appear for sentence on charges of burglarising and theft of Kilo Shack premises at Saleufi in Apia.  After reviewing the files it appears the defendant Mathew has decided to become a career burglar and thief.  He began by robbing the Rendezvous Restaurant at Maluafou on 23rd September 2017 while he was still a youth.  He appeared before the Youth Court on that matter which gave him a chance to redeem himself and ordered him to attend the Teen Challenge Rehabilitation Programme.  Mathew failed to take advantage of that opportunity, he failed the Teen Challenge Programme so the Youth Court sentenced him to twelve (12) months supervision under the Probation Office.  
2.	While that matter was before the Youth Court in August 2018 Mathew and others including Muta broke into the Kilo Shack in Saleufi. They stole over $2,000 worth of goods, some of which was recovered by the Police and returned to the owners.  They also according to the Police summary of facts which both defendants have accepted damaged parts of the shop during their burglary.  
3.	These young criminals are quite creative because they then took what they stole to the old courthouse building where they were based.  Where they kept it under the noses of the neighbouring Police Station.  Quite clever when you think about it. But it is using your intelligence gentlemen in a wrong way.  
4.	That is not Mathews only matter, he has also been charged with burglary and theft of the Lotopa Lodge on 01 March 2019 while he was on bail on these other matters.  That is why Mathew has been remanded in custody to await sentence.  He is also allegedly involved in burglary of the Bluesky Office at Maluafou, those charges are still pending.  
5.	Clearly Mathew you are on a wrong path in your life.  You are on a road that only has one destination. Your consistent offending is serious and burglary and theft is one of the most prevalent crimes especially amongst young males in our community.  Those who wish to engage in this kind of behaviour especially if they regard it as some kind of career option, the new prison at Tafaigata eagerly awaits you. Every time you do this Mathew that is where you will be sent.  
6.	Your Rendezvous burglary Mathew has already been dealt with by the Youth Court.  Today I am going to deal with the Kilo Shack matter because that involves you and your co-defendant Muta.  I cannot deal with the other matters against you because I have only just been given the files and have not had time to consider them.  They will be adjourned to be dealt with another day. 
7.	For the Kilo Shack matter I note a large loss was caused to the complainant.  It is also clear the attack by you boys was planned and premeditated.  And you carried out that matter while you were still involved in another matter before the court.  All that aggravates your offending Mathew.  
8.	Burglary carries a maximum penalty of 10 years in prison.  Considering all factors in this matter including your previous conviction for burglary and theft I will start sentence at 4 years imprisonment.  
9.	There are deductions to be made from the start point for sentence to reflect the mitigating factors in your favour.  Firstly, I take into account that when you did what you did you were only 18 years of age. You are still young. For your youth I deduct one year from the start point, leaves 3 years in prison.
10.	There has been no apology by you to the complainant or restitution to them of the goods stolen. So no deduction can be made for those factors.
11.	You are not a first offender. The only other mitigation factor therefore Mathew for you is you pleaded guilty and saved the courts time and resources.  I will deduct the usual twenty-five percent from your balance of sentence, that is a period of 9 months, leaves 2 years 3 months.  No other deductions are available to you Mathew.
12.	On the charge of burglary convicted and sentenced to 2 years 3 months in prison less remand in custody time.  
13.	In relation the charge of theft there was some partial recovery of the properties, convicted and sentenced to 12 months in prison but that is concurrent to your other term.  
14.	That means Mathew for the burglary and theft of Kilo Shack 2 years and 3 months in prison but your remand in custody time is to be deducted.  
15.	The other charges against you will be adjourned to the 17th of June 2019 to set new dates.  
16.	Muta your record is not as bad as Mathew you are serving time in prison at the moment but it is for narcotics a different offence.  You have no burglary and theft priors.  According to paragraph 9 of the Police summary of facts you stood outside keeping watch, that was your role in the burglary.  
17.	You should not have been involved at all in this in the first place.   You need to make better decisions in your life young man. Stop associating with people like Mathew and people who break into other peoples houses and shops and take their possessions.  
18.	Considering all the circumstances of your matter Muta an appropriate sentence would be 9 months in prison.  I reduce this to 6 months because of your guilty plea.  But this is for a different matter Muta it means that it is cumulative to your present term of imprisonment.  

JUSTICE NELSON