Police v Ajawas [2020] WSSC 55 (16 January 2020)

SUPREME COURT OF SAMOA
Police v Ajawas [2020] WSSC 55

Case name:	Police v Ajawas
Citation:	[2020] WSSC 55
Decision date:	16 January 2020
Parties:	POLICE AND SEMINARE AJAWAS male of Vaitele-uta, Satuimalufilufi and Salailua Savaii
Hearing date(s):	-
File number(s):	S931/19 – S935/19
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- For the charge of burglary, you will be convicted and sentenced to 2 years in prison. That includes an uplift to reflect your bad criminal record. - On the charge of theft, you will be likewise convicted and sentenced to 2 years in prison. - On the charge of intentional damage of the window frame and louvers of the complainants house convicted and sentenced to 3 months in prison. - On the final charge of willful trespass convicted and sentenced to 6 months in prison. - All these terms are to be served concurrent so that you will serve a total of 2 years in prison. To reflect the time that you have been in custody awaiting the resolution of these proceedings a term of 3 months should be deducted from your 2-year terms so that you will actually serve 1 year and 9 months. So the total time you will serve in prison Seminare is 1 year and 9 months.
Representation:	Q Sauaga for prosecution Defendant unrepresented
Catchwords:	burglary – theft – intentional damage
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SEMINARE AJAWAS male of Vaitele-uta, Satuimalufilufi and Salailua Savaii.
Defendant

Counsel:
Q Sauaga for prosecution
Defendant unrepresented

Sentence: 16 January 2020

S E N T E N C E

1. This defendant appears for sentence on a number of charges the main one being breaking into an unoccupied building belonging to the complainant at Vaitele-Fou and stealing from there falalilii, papa laufala and an ie memea as well as other miscellaneous household items. Total value of said items stolen amounting according to the information some $13,000.00.
2. The defendant is no stranger to these kinds of activities. He has at least one previous conviction for burglary and also has convictions for aggravated burglary and other serious criminal offences. These convictions were admitted to by the defendant this morning.
3. Clearly the community requires protection from offenders like this. The message must also continue to be given to the defendant that every time he does this sort of thing he will go back to prison. And the fact that he drinks before indulging to such behaviour is no excuse for such behaviour. Lots of people drink they do not go around breaking into other people’s homes after drinking alcohol.
4. Given what you did in this case Seminare there is no other alternative but to return you to prison. If you do not change your ways that will become your permanent home. So what happens in the future of your life is really up to you and in your hands. I suggest to you that you should look at ways in order to avoid this kind of law breaking because you are still a young man. But no one can force you to do it unless you want to do it. So it is up to you.
5. For the matters that you appear before the court today you will receive the following sentences. I take into consideration what happened in this case and also the high value of the goods that you stole.
6. For the charge of burglary, you will be convicted and sentenced to 2 years in prison. That includes an uplift to reflect your bad criminal record.
7. On the charge of theft, you will be likewise convicted and sentenced to 2 years in prison.
8. On the charge of intentional damage of the window frame and louvers of the complainants house convicted and sentenced to 3 months in prison.
9. On the final charge of willful trespass convicted and sentenced to 6 months in prison.
10. All these terms are to be served concurrent so that you will serve a total of 2 years in prison. To reflect the time that you have been in custody awaiting the resolution of these proceedings a term of 3 months should be deducted from your 2-year terms so that you will actually serve 1 year and 9 months. So the total time you will serve in prison Seminare is 1 year and 9 months.

JUSTICE NELSON