Police v Suisala [2021] WSSC 47 (20 September 2021)

SUPREME COURT OF SAMOA
Police v Suisala [2021] WSSC 47

Case name:	Police v Suisala
Citation:	[2021] WSSC 47
Decision date:	20 September 2021
Parties:	POLICE v AH KEY SUISALA male of Afega, Faleasi’u and Nu’usuatia.
Hearing date(s):
File number(s):	S441/20
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Therefore, rather than to sentence the defendant to a period of imprisonment for 9 months, I am going to sentence the defendant to 18 months supervision. You are required to report to the probation office within 24 hours. - If you appear again in the Court for a similar offence – burglary or theft, you will probably find yourself facing a period of imprisonment.
Representation:	M Tuimalealiifano for prosecution
	Accused in person
Catchwords:	Alcohol and Drug Court program – aggravating features – burglary – theft –mitigating factor
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

AH KEY SUISALA male of Afega, Faleasi’u and Nu’usuatia.
Accused

Counsel:
M Tuimalealiifano for prosecution
Accused in person

Sentence: 20 September 2021

SENTENCE OF PERESE CJ

1. The defendant is a 20 year old man from Afega, Faleasiu. He is single and is currently unemployed. He has pleaded guilty to one charge of burglary and one charge of theft, both offences carry a maximum penalty of imprisonment.

The first offence – theft and burglary – S441/20 and S450/20

2. The Summary of facts provides that at about 3am on 23 March 2020, the defendant entered the house of the victim, who is married with 8 children. The family were asleep. The defendant stole cash and goods to the value of $2,605 SAT. He also stole 3 Samoan passports which are the property of the Samoan Government.
3. When the defendant returned home, he was seen by his Aunty carrying two black bags; she looked inside and discovered the stolen property. The Aunty found the passports and then contacted the victim, who in turn laid a complaint with the Police.
4. Charges were filed, as noted earlier, and the defendant pleaded guilty to them on 8 March 2021.

The second offence – burglary – S110/21

5. Whilst awaiting the disposition of the earlier charge, the defendant offended again, whilst on bail. On 24 December 2020, at Nuusuatia, Safata, at around 12.45 am, the defendant unlawfully gained entry into a shop known as A J Enterprises. The complainant discovered the break in and following a review of the shop’s video cameras the defendant was apprehended by the Police. He was charged with one count of burglary, and he pleaded guilty on 8 February 2021.
6. It is suggested that the defendant is a first time offender, I do not agree. The defendant was a first time offender whilst facing the first two charges, but when he committed the second offence in December 2020, he was a repeat or recidivist offender. To make matters worse, the defendant offended whilst he was on bail.
7. In sentencing the defendant today, I have taken the following matters into account:
   • (1) I’ve heard from the defendant
   • (2) I have read and considered the Summary of Facts, the Prosecution’s Amended and Consolidated sentencing memorandum; the Victim impact reports; the Probation report.
8. The prosecution submits that the aggravating features of the offending is the value of the property ($2,605.00SAT); the home invasion aspect of the offending; the time of the offence – being in the middle of the night; premeditation offending whilst on bail; the prevalence of burglary and theft as a class of offending in Samoa; more than one victim involved; and the impact of the offending on the victims – no attempts to reconcile or pay for the stolen property.
9. The prosecution also submit that the only mitigating factor in the defendant’s favour are his guilty pleas.
10. The defendant attended but was exited from the Alcohol and Drug Court program, which was intended to help the defendant with his problems with alcohol abuse, because of his failure to attend a number of program sessions. However, during the course of his attempt to complete the ADC course the defendant completed a total of 194 hours of community work. It further appears that he attended all his sessions – 151 in total, failing to attend 6.
11. I consider that although the defendant was exited from the ADC program, that I can properly consider his substantial completion of the program as a mitigating factor with respect to his second charge of burglary carried out on 24 December 2020.
12. The Police urge a starting point of 18 months imprisonment. If I were to agree to that starting point I would give the defendant credit of 6 months for his guilty pleas, I also give him a further 3 months for his high level of participation at the ADC program. That would leave an effective sentence of 9 months. It appears however to me that this young man would benefit from undertaking a period of supervision, with further and appropriate programs to address his employment and any addiction issues. Therefore, rather than to sentence the defendant to a period of imprisonment for 9 months, I am going to sentence the defendant to 18 months supervision. You are required to report to the probation office within 24 hours.
13. You should treat this sentence as an opportunity to turn your life around young man. If you appear again in the Court for a similar offence – burglary or theft, you will probably find yourself facing a period of imprisonment.

CHIEF JUSTICE