Police v Enoka [2020] WSSC 15 (18 February 2020)

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Case name:	Police v Enoka

Citation:	[2020] WSSC 15

Oral Sentence date:	18 February 2020

Parties:	POLICE v LALOFALÃ MATA’AFÃ ENOKA, and MENU MATA’AFÃ TAUELIA both male of Vailoa Palauli

Hearing date(s):

File number(s):	S1842/18, S1843/18

Jurisdiction:	CRIMINAL

Place of delivery:	Supreme Court Samoa Mulinuu

Judge(s):	Justice Fepulea’i Ameperosa Roma

On appeal from:

Order:	For the foregoing reasons I sentence you as follows: (i) In respect of Lalofalā, on both charges of burglary and theft, you are convicted and ordered to appear in court for sentence within 6 months if called upon; (ii) In respect of Menu, on both charges of burglary and theft, you are convicted and sentenced to 9 months supervision with the condition that you complete 60 hours of community work.

Representation:	Ms V. Faasi’i for prosecution Both defendants in person

Catchwords:

Words and phrases:	Burglary, Theft,

Legislation cited:	Crimes Act 2013 s.174 (1)(a), Crimes Act 2013 s.161 & 165 (d).

Cases cited:

Summary of decision:

LALOFALÃ MATA’AFÃ ENOKA, and MENU MATA’AFÃ TAUELIA both male of Vailoa Palauli

[1] Defendants, you appear for sentence on two (2) charges, the first is burglary contrary to section 174(1)(a), (2) and 33 of the Crimes Act 2013. The maximum penalty is 10 years imprisonment. The second charge is theft of several items amounting to SAT$360.50 in value, contrary to section 161, 165 (d) and 33 of the Crimes Act 2013. The maximum penalty is 1 year imprisonment.

[2] For Lalofala, you pleaded guilty to the charge at the earliest opportunity on the 10^th December 2018. You were then ordered to undertake the programmes of the Alcohol and Drugs Court (ADC), from which you were exited on the 4^th February 2020.

[3] For Menu you denied the charges and were found guilty of both following a defended hearing on the 24^th January 2020. In your trial, Lalofala was the main prosecution witness.

[4] Prosecution’s amended summary of 14^th February 2020 is consistent in its entirety with the evidence heard and accepted by this Court in the trial against Menu. Briefly on the evening of 22^nd November 2018 at Vailoa Palauli, the 2 of you had been drinking with others including another co accused named Iopu. You then dispersed when some went to swim at the pool.

[5] You met up later a little after midnight. You wanted to drink more alcohol. You planned to break into the shop of Fitilagi Tualaulelei and proceeded to successfully carry out your plan. Lalofala tore and damaged the coco wire, removed the louvers and jumped inside the shop. He then removed several items including alcohol which he passed onto Iopu. Menu on the other hand kept a watch for passers-by. The stolen items included food, cigarettes and alcohol. You all walked off without detection until the following morning.

[6] For Lalofala, you are 22 years of age. You are a single unemployed male now living at Satupaitea with your mother’s family and working the plantation. Your formal education ended at Palauli College. You have never found any formal employment. You have been in custody since 24^th January 2020, a period of 25 days pursuant to a warrant of arrest issued by the ADC on the 26^th February 2019. You are a first offender.

[7] For Menu you are 27 years of age from Vailoa Palauli. You are single and unemployed. You are a first offender.

[8] The victim is a 58 year old mother and shop owner from your village. She says that prior to your offending there had been previous incidents of theft. Since your offending came to light there have hardly been any cases of theft. Apart from the total value of $360.50 for the stolen items, the shop was also damaged and the repair costs are worth $300.00.

[9] The victim confirms that apologies have been made by your parents and that she has forgiven you both. In the pre-sentence report received by the Court this morning, she clarifies that the apology she accepted was on behalf of Menu.

[11] For Lalofala, I take into account your guilty plea at the earliest opportunity.

[12] For Menu I take into account the apology made by your father and accepted by the victim.

[13] For the both of you I take into account your personal circumstances including the fact that you are first offenders.

[14] Prosecution seeks a term of supervision. They rely on Police v. Taase Hunt (25 May 2018); Police v. Ariona Alesana (3 May 2019); Police v. Mathew Tuimainei (28 May 2018) and Police v. Lalolama Simeti (1 February 2016). In those cases, sentences of supervision were imposed.

[15] Prosecution also cites Police v. Monson Auvaa (25 May 2018) and Police v. Paogo Fiapule Sueni (2 July 2018). In those cases the accused were imposed suspended sentences.

[16] In your case Lalofala, I bear in mind that you had gone through the ADC Court programmes. You failed to appear in that Court on the 26^th February 2019 and a warrant was issued for your arrest. At the time of your exit earlier this month from the ADC you had completed 15 out of 36 sessions and 16 out of 50 hours. You have also been in custody for 25 days now since the 24^th January 2020 when the warrant was executed. I bear in mind also the aggravating and mitigating factors including the fact that you pleaded guilty at the earliest opportunity and testified for prosecution in the trial against Menu.

[17] In your case Menu I also consider the aggravating and mitigating factors. I bear in mind that you were found guilty of the charges.

Supreme Court of Samoa

Police v Enoka [2020] WSSC 15 (18 February 2020)