Police v Sakalaka [2019] WSSC 93 (2 August 2019)

SUPREME COURT OF SAMOA
Police v Sakalaka [2019] WSSC 93

Case name:	Police v Sakalaka
Citation:	[2019] WSSC 93
Decision date:	02 August 2019
Parties:	POLICE v LEUMA SAKALAKA male of Vaitele-Fou and Faleseela Lefaga
Hearing date(s):	-
File number(s):	S1055/19, S1085/19
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- On the charge of burglary, you will accordingly be convicted and sentenced to 3 years in prison, cumulative to your present term of imprisonment. It is also recommended that the Parole Board look long and hard at your case before granting you any parole. - On the charge of theft, the properties were all recovered by the Police because they found it in your backpack. That is in your favour, you are convicted on that charge and sentenced to 6 months in prison concurrent term.
Representation:	Q Sauaga for prosecution Defendant unrepresented
Catchwords:	Burglary – theft - strong deterrent sentence
Words and phrases:	he is no stranger to the legal process.
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

LEUMA SAKALAKA male of Vaitele-Fou and Faleseela Lefaga.
Defendant

Counsel:
Q Sauaga for prosecution
Defendant unrepresented

Sentence: 02 August 2019

S E N T E N C E

1. Leuma has pleaded guilty to one count of burglary carrying a maximum penalty of 10 years in prison and one count of theft carrying a maximum penalty of 7 years in prison. The Police summary of facts admitted by the defendant at a previous calling indicates he is no stranger to the legal process.
2. He has a long record of burglary and theft convictions and escape from custody. Leuma has been doing this for over 10 years, he is an old boy of Tafaigata University now graduated to the new facility of Tanumalala.
3. The documents before me indicate he moves from place to place he has no stable siosiomaga. He is like a ship without a sail. Leuma began his life on the street selling chips and pop-corn and did not turn out to be the entrepreneur or businessman that some people like to portray. He has turned out like many street kids to be a hardened criminal.
4. The testimony from his church Minister where Leuma was residing when this matter happened says that Leuma is helpful and obedient. But his weaknesses are alcohol and the inability to control himself in that when he sees something he wants he steals it. The best place for such people and the community is behind bars.
5. Leuma you must know by now every time you break the law you will go back to prison. And the terms will only get longer and longer. If you want to stop serving time in prison stop breaking the law, its simple.
6. In this matter you have caused serious distress to the victim who now fears for the safety of himself and his family. You were able to enter the victims property even through a locked gate. You caused damage to the screen wire which you tore in order to gain entrance to the house. You stole almost $2000 worth of properties belonging to the victim and his family.
7. The only factor in your favour Leuma is you pleaded guilty to the charge and this has saved the courts time and resources. But a strong deterrent sentence for you is necessary. For you personally and to continue to send the message to the community and your fellow burglars. Burglary and theft are too prevalent in the country and will be dealt with sternly by the court. Especially if you continue to repeat committing the same offence.
8. In respect of the offence of burglary an appropriate start point for your offending considering the circumstances would be 3 years in prison, up-scaled by one year to 4 years because of your record. I deduct one year for your guilty plea, leaves 3 years in prison.
9. On the charge of burglary, you will accordingly be convicted and sentenced to 3 years in prison, cumulative to your present term of imprisonment. It is also recommended that the Parole Board look long and hard at your case before granting you any parole.
10. On the charge of theft, the properties were all recovered by the Police because they found it in your backpack. That is in your favour, you are convicted on that charge and sentenced to 6 months in prison concurrent term.

JUSTICE NELSON