Police v Ta'ala [2021] WSSC 52 (5 November 2021)

IN THE SUPREME COURT OF SAMOA
Police v Ta’ala [2021] WSSC 52

Case name:	Police v Ta’ala
Citation:	[2021] WSSC 52
Decision date:	5 November 2021
Parties:	POLICE v PASELIO JEREMIAH PATRICK TA’ALA male of Vaitoloa and Vailoa, Aleipata.
Hearing date(s):
File number(s):	S1210/21
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- I convict you of the two charges to which you have pleaded and sentence you to a period of supervision of 6 months. I wish you well in your future and urge you to keep the faith that you and your friends do not need alcohol to live good lives.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	burglary –Salvation Army report –theft – sentence
Words and phrases:
Legislation cited:	Sentencing Act 2016
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

PASELIO JEREMIAH PATRICK TA’ALA male of Vaitoloa and Vailoa, Aleipata.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 5 November 2021

SENTENCE OF PERESE CJ

1. The defendant is a 22-year-old male of Vaitoloa. He is single and unemployed.
2. The defendant, jointly charged with two others, has pleaded guilty to one of Burglary and one charge of Theft; the other two have pleaded not guilty and will go to trial.
3. The summary of facts, with which the defendant agrees, is as follows.
   • (a) That on or between 17 June 2021 to 18 June 2021 at Vaitoloa at around 2am in the early hours, the defendants after a drinking session walked towards the Lepea Primary School premises and entered the school property through a gap of the school fence.
   • (b) Afterwards, the defendant Paselio broke the staff room door by using the school bell ringer mechanism (mea ta logo).
   • (c) Following that, the three (3) defendants entered the Lepea Primary School staff room without authority and dishonestly stole the following items:
     • (i) One (1) Set of PA System black in colour valued at $11,000SAT;
     • (ii) One (1) Set of Projector white in colour valued at $1,200SAT;
     • (iii) One (1) Flat Screen TV 52 inch black in colour valued at $2,500SAT
   • (d) The total value of the property stolen is $14,700.00SAT.
   • (e) The defendants left the scene undetected.
   • (f) On 29 June 2021 after an investigation, the defendants were apprehended by the police and taken to the police station where they were cautioned.
   • (g) During the defendants cautioning, the defendants admitted to the police to breaking in to the said primary school and stealing the above mentioned items.
   • (h) Eventually, the police also managed to recover all the stolen items from the defendants.
4. I have had the opportunity to consider this Summary of Facts, the Pre-sentence Report, a Salvation Army Report dated 9 September 2021, the oral submissions of the defendant, and the Prosecutions Sentencing Memorandum.
5. I record that no victim impact report has been able to be provided. It appears attempts were made to contact the victim, the School’s Principal, but she has not responded.

Discussion

6. The Sentencing Act 2016 sets out the principles which guide the Court in sentencing matters. Among the many considerations the Court needs to have regard to and be guided by are these basic and fundamental principles, which arise in this case on account of the defendant’s age: his response to the offending: and his rehabilitation; these principles are - the defendant must be held accountable for the harm done to the victim, and promotion in him of a sense of responsibility and acknowledgment of that harm.
7. I am impressed with the reports that have been provided. The Pre-sentence report sets out that the defendant has made positive changes in his life to address what he considers to be the root cause of his difficulties – alcohol. The pre-sentence report also attaches letters from Paselio’s spiritual leader and the Pulenuu, and the Court thanks them for their continued involvement with this young man’s case.
8. The change Pesalio has made in his life appears to be profound, and is perhaps best summed up by one passage in the Salvation Army report –
   • He is motivated to change and has re-engaged with his faith, mentioning that he has joined the youth group at Church and is trying to stay heavily involved with Church activities to stay away from the negative things in his life. Paselio stated that he has put his parents through enough from this court case.
9. Paselio, this is the first time you have come to the attention of the Police. Let it be the last. The Prosecution recommends that you be convicted and sentenced to a period of supervision for 6 months. I accept that recommendation as I consider that supervision would reduce the likelihood of further offending by you through rehabilitation and reintegration. Although Paselio has already completed the Salvation Army course, I urge Probation to seek out further educational opportunities to assist Paselio, in other areas of his life, such as employment.
10. Accordingly, Paselio Ta’ala, I convict you of the two charges to which you have pleaded and sentence you to a period of supervision of 6 months. I wish you well in your future and urge you to keep the faith that you and your friends do not need alcohol to live good lives.

CHIEF JUSTICE