Police v Samoa [2020] WSSC 32 (26 June 2020)

IN THE SUPREME COURT OF SAMOA
Police v Samoa [2020] WSSC 32

Case name:	Police v Samoa
Citation:	[2020] WSSC 32
Decision date:	26 June 2020
Parties:	POLICE (Informant) and ROPATI SAMOA, male of Solosolo & Vaimoso (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The accused is convicted and sentenced to 9 months’ imprisonment. Less any time in custody.
Representation:	F Ioane for Prosecution Accused appears in Person
Catchwords:	burglary – theft – recidivist offender – custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013, s. 174.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

ROPATI SAMOA, male of Solosolo & Vaimoso

Accused

Counsel: F Ioane for Prosecution
Accused appears in Person

Sentence: 26 June 2020

SENTENCING OF TUATAGALOA J

1. The accused is to be sentenced on charges of burglary and theft of a Chinese owned supermarket, KF Mart at Fugalei.
2. Accordingly, the accused entered the supermarket by breaking a back window. He stole 25 cartons of cigarettes, 4 crates of beer (Taula) and $50 cash to the total value of $3,753.00.
3. The accused was identified through security video cameras. He has a long history of offending consisting mainly of similar offences.
4. The penalty for burglary is maximum ten (10) years’ imprisonment^[1] and maximum seven (7) years’ imprisonment for theft based on the total amount of the properties taken.
5. The defendant disputed the amount of properties he stole and as a result Prosecution amended the summary of facts to reflect the true amount of properties stolen by the defendant.
6. The amended summary of facts reflected that the defendant removed sixteen (16) cartons of cigarettes; ten (10) of which his co-defendant (sentenced separately) took and he took six (6) cartons; four (4) crates of beer and $50 cash.
7. The amended summary of facts confirms that the sixteen (16) cartons of cigarettes were recovered and returned to the owner including one (1) bottle of Taula strong beer.
8. The Prosecution identified the aggravating factors of pre-meditation and that the accused is not of prior good character given his long history of offending of similar offending. Although most of the goods were recovered, the fact remains that the accused carried out the offending to which he has a history of. I agree that a custodial sentence is nevertheless appropriate. I consider 12 months starting point as appropriate.
9. The only mitigating factor is the accused’s early guilty plea and for that a 25% discount of 3 months is allowed by the Court. This leaves the accused 9 months.
10. The accused is convicted and sentenced to 9 months’ imprisonment. Less any time in custody.
    

JUSTICE TUATAGALOA

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^[1] Crimes Act 2013, section. 174.