Police v Tutuila [2020] WSSC 12 (18 February 2020)

SUPREME COURT OF SAMOA
Police v Tutuila [2020] WSSC 12

Case name:	Police v Tutuila
Citation:	[2020] WSSC 12
Decision date:	18 February 2020
Parties:	POLICE v JAY TUTUILA male of Satapuala.
Hearing date(s):
File number(s):	S21913/16, S2190/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Daryl Clarke
On appeal from:
Order:	- Convicted and sentenced to 9 months supervision and ordered to carry out (i) 50 hours community work; and (ii) to attend the Salvation Army 6 week Alcohol and Drugs programme.
Representation:	Q Sauaga for Prosecution Accused in person
Catchwords:	burglary – early guilty plea – remorse – Salvation Army 6 week Alcohol and Drugs programme –Theft –
Words and phrases:
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 TUTUILA, male of Satapuala.
Accused

Representation:
Q Sauaga for Prosecution
Accused in person

Sentence Decision: 18 February 2020

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

[1] You appear for sentence on one charge of burglary and one charge of theft.

The offending:

1. [2] According to the prosecution’s summary of facts that you accepted this afternoon. On the 17 June 2019 sometime in the early hours you went to the complainant’s shop. The shop was closed and securely locked, you went to the back of the shop and forced your way into the shop. You had no lawful authority to be inside the shop. While in the shop you stole various items of food, coffee and other items. The total value of the items stolen by you was $395.00.

Background of the Accused:

[3] You are a 23-year-old male of Satapuala. You are the fourth of five children. You completed school to Year 12. You have never been employed.

Aggravating features of the Offending:

[4] The aggravating feature of your offending is that you committed this offence when on bail for a pending matter in the District Court.

Mitigating Features of Offending:

[5] There are no mitigating features in respect of your offending.

Aggravating Features in respect of the Offender:

[6] There are also no aggravating features in respect of you as an offender you are a first offender.

Mitigating Factors Offender:

[7] In terms of the mitigating factors personal to you as an offender, I take into your remorse which I accept as genuine. I also take into account your early guilty plea.

Discussion:

[8] As you’ve heard me saying earlier this afternoon to another defendant appearing for sentencing on burglary and theft, burglary and theft is a common and prevalent offence in Samoa. It is particularly common and prevalent for young men such as yourself to commit this offence. Its seems to be that young men think it is a good idea to break into homes and buildings. Very often it is linked to alcohol.

[9] In your case, you said you were drinking the Fagu Maso. Alcohol is no excuse for this offending. You have now spent time in custody because of this matter. You have said that prison is not a good place for you. You have also said that whilst in custody, you have missed your family and your parents.

[10] Jay, you have experienced Tanumalala and what being remanded in custody involves. You have seen what is involved in prison - it is not a good place for you to end up. Prison is a hard place with men who have lived long lives of crime. It certainly has no future for you and prison will only ruin your life.

2. [11] From being remanded in custody I hope you’ve had the opportunity to learn from your experience. You have said you do not wish to go back there and I hope you do not go back there. You are a young man, change your life and do not reoffend. My experience is that if you do not change your life and reoffend and you will simply have a life of prison. Do not take that road. Find a good life, find work and a family. And if you drink and consider reoffending, think about the time you have spent at Tanumalala.

Result:

[12] In respect of the charge of burglary and theft you are convicted and sentenced to 9 months supervision and ordered to carry out (i) 50 hours community work; and (ii) to attend the Salvation Army 6 week Alcohol and Drugs programme.

JUSTICE CLARKE