Police v Musa [2021] WSSC 59 (3 December 2021)

IN THE SUPREME COURT OF SAMOA
Police v Musa [2021] WSSC 59

Case name:	Police v Musa
Citation:	[2021] WSSC 59
Decision date:	3 December 2021
Parties:	POLICE v IOSUA SILI MUSA male of Maota and Sapulu
Hearing date(s):
File number(s):	S1523/21
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted of the two offences to which you have pleaded to a sentence of supervision for a period of 12 months. I direct that you undertake a course for drug and alcohol addiction. You are also ordered to undertake 40 hours of community work.
Representation:	F Ioane for prosecution Accused in person
Catchwords:	burglary pursuant – drug and alcohol addiction –guilty plea –unlawful entry–willful trespass
Words and phrases:
Legislation cited:	Crimes Act 2013 s.174 Police Offence Ordinance Amendment 2009 s.7
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

IOSUA SILI MUSA male of Maota and Sapulu.
Accused

Counsel:
F Ioane for prosecution
Accused in person
Sentence: 3 December 2021

SENTENCE OF PERESE CJ

1. The defendant is a 35-year-old male of Maota and Sapulu. He is married with four children and unemployed.
2. The victim is a 40-year-old female. She is single and self-employed.

Summary of Facts

(a) On 4 September 2021 at Maota around 11:00pm, the defendant had a drinking session with his friend.
(b) Afterwards, the defendant walked to the victim’s brother’s house. The defendant called out to the victim’s brother named Niu five times but there was no response.
(c) The defendant without authority then went onto the property occupied by the victim, and approached the victim’s house front door, and entered the victim’s house without lawful authority.
(d) Whilst inside, the defendant approached the victim’s room and try to open the door but it was locked.
(e) The defendant applied force to open the victim’s room door by pushing his body against the door.
(f) The defendant succeeded and entered the victim’s room. The defendant saw the victim’s brother outside walking towards the victim’s house as the victim’s brother heard a loud noise from the victim’s house.
(g) The defendant exited the victim’s house and ran off and was chased by the victim’s brother.
(h) The victim and her brother told the police that the defendant previously burgled their shop and stole goods but they did not lodge a complaint because the defendant’s family approached them and apologised.
(i) The victim also told the police that surely what the defendant did on the above date of offending was to steal from her house but luckily he was caught.

3. The defendant pleaded guilty to two charges against him on the 4 October 2021 at mentions. These charges are:
   • (a) One count of burglary pursuant to s.174 of the Crimes Act 2013;
   • (b) One count of willful trespass pursuant to s.7 of the Police Offence Ordinance Amendment 2009.
4. The sentencing memorandum provided by the prosecution submits that the aggravating features of this offending is the unlawful entry. Insofar as mitigating circumstances are concerned, the prosecution submits that the only mitigating factor is the defendant’s guilty plea.
5. Mr Musa, stop hanging around the victim and making nuisance of yourself. You are a married man, with four children. What on earth were you doing trying to enter the victim’s room? You are very fortunate to not be facing more serious charges. Let this be a wakeup call. The next time, you may find yourself going to jail.
6. You have today expressed genuine remorse for what you have done.
7. You are convicted of the two offences to which you have pleaded to a sentence of supervision for a period of 12 months. I direct that you undertake a course for drug and alcohol addiction. You are also ordered to undertake 40 hours of community work.

CHIEF JUSTICE