Police v Faimasasa [2020] WSSC 38 (16 July 2020)

SUPREME COURT OF SAMOA
Police v Faimasasa [2020] WSSC 38

Case name:	Police v Faimasasa
Citation:	[2020] WSSC 38
Decision date:	16 July 2020
Parties:	POLICE v FAIMASASA male of Lotoso’a Saleimoa.
Sentencing date(s):	16 July 2020
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- Convicted and sentenced to one year nine months imprisonment less time remanded in custody.
Representation:	L Faasii for Prosecution Accused Self-Represented
Catchwords:	Burglary, theft, residential burglary.
Words and phrases:
Legislation cited:
Cases cited:	Police v Aifai Mafua (Unreported) 20 February 2019 Police v Gafa Tuiavii [2020] WSSC 13 (18 February 2020).Police v Leuma Sakalaka (Unreported) 2 August 2019, Police v Vaini Maualaivao [2015] WSSC 47,
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

JOE FAIMASASA a.k.a GERAL JOE FAIMASASA male of Lotoso’a Saleimoa.
Accused

Counsel: L Faasii for Prosecution

Accused Self-Represented

Decision: 16 July 2020

ORAL SENTENCE

1. Joe, you appear for sentencing on one charge of burglary and one charge of theft involving the theft of property amounting to ST$4,216.00.
2. The charges of burglary carry a maximum penalty of up to 10 years’ imprisonment and the charges of theft a maximum penalty of up to 7 years’ imprisonment.

The Offending:

3. According to the summary of facts accepted by you yesterday, on the 17^th January this year at Vaivase-tai sometime in the early hours of that morning, you went to the complainant’s house which was locked. At the time, the complainant and his family were away on vacation. You then approached the back window of the house and removed the screen wire covering. You then also removed the window and entered the house without lawful authority. Whilst inside the complainant’s house, you stole various items to a total cost of $4,216.00. You then left the complainant’s house with the items that you stole.

The Accused:

4. You are a 20-year-old male of Lotosoa Saleimoa. You are the third of six children and completed school to year 8.
5. You have confirmed your Prior Conviction Record which is becoming quite lengthy with a number of convictions for similar offending. You started offending in 2017 and have continued ever since with convictions entered each year since 2017 involving dishonesty offending.
6. You told the Probation Service that you now have a wife and are expecting a child.
7. In your most recent Pre-Sentence Report, your father has spoken of you as an obedient and hardworking son, active in your church and village. I do not accept your father’s testimony in support of your character as your actions show you to be a continually dishonest young man with no particular desire to change your life.

The Victim:

8. The victim of your offending is a 40-year-old faifeau of the EFKS Church. As a result of your offending, he has tried to better secure his home and has had to buy things for the church that you had stolen.

Aggravating Features:

9. The aggravating features of this matter are as follows:
   • (i) is the value of the goods stolen;
   • (ii) it was a residential burglary; and
   • (iii) your prior convictions for offending that pre-dates these offences.

Mitigating Features:

10. The mitigating features of your matter is only your early guilty plea.

Discussion:

11. Joe, you are no stranger to the Courts at your age and have already appeared before me on at least two earlier occasions. In 2017 when appearing before me on charges of burglary and theft, I spoke to you about the need to change your life and not to waste your life on a path of crime and imprisonment. Clearly, what I said to you meant nothing as after that, you have continued to offend including for more charges of burglary and theft.
12. I will not waste time in repeating at length what I had said to you earlier and no doubt what other Judges would have also said to you when you appeared for sentencing before them. It is for you to change your life. You say you have a wife and child now. If you keep up what you are doing, you will see very little of them because if you keep committing crimes, you will keep being imprisoned. I hope that after you complete the sentence I impose today, you will see the light and realize that you are wasting your time in prison away from your family.
13. Prosecution seeks an imprisonment term with a start point of three (3) years imprisonment with an uplift of 1 year for your prior convictions. I am referred to Police v Leuma Sakalaka (Unreported) 2 August 2019 involving the burglary and theft of $1,873.00 worth of goods with a starting point of three (3) years imprisonment.
14. I have considered the authorities referred to by Prosecution as well as other sentencing decisions involving burglaries and theft. In a number of authorities referred to by prosecution with a three year start point, those involved multiple offending. In Police v Vaini Maualaivao [2015] WSSC 47 involving a single burglary and the theft of $5,289.39 the Court took a 15 month imprisonment start point.
15. I have also considered other authorities. In Police v Aifai Mafua (Unreported) 20 February 2019, a 21 month start point was adopted for two burglaries with a total value of $5,000.00 property stolen. In Police v Gafa Tuiavii [2020] WSSC 13 (18 February 2020), involving a single burglary with the accompanying theft involving $7,740.00 worth of goods, Prosecution sought a two (2) year sentence start point which was also adopted.
16. In this case, a three year start point is too high. I adopt 21 months imprisonment as the appropriate start point. I uplift that by 6 months for your prior convictions for similar offending. I then deduct 7 months for your guilty plea leaving an end sentence of 1 year 8 months imprisonment.

Result

17. Accordingly, on the charges before the Court, you are convicted and sentenced to one year eight months imprisonment less time remanded in custody.
    

JUSTICE CLARKE