Police v Lafaele [2021] WSSC 78 (22 December 2021)

SUPREME COURT OF SAMOA
Police v Lafaele [2021] WSSC 78

Case name:	Police v Lafaele
Citation:	[2021] WSSC 78
Decision date:	22 December 2021
Parties:	POLICE (Prosecution) AND JOSEPH LAFAELE a.k.a JOE LAFAELE a.k.a JODEEN male of Togafuafua and Falelatai (First Defendant) AND VILIAMU TUIGAMALA FAALELEIGA a.k.a VIVIEN male of Sapunaoa and Nofoalii. (Second Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- As a total sentence for all charges you will both be convicted of these charges and sentenced to 4½ years in prison, remand in custody time to be deducted.
Representation:	I Atoa for prosecution Defendants in person
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

JOSEPH LAFAELE a.k.a JOE LAFAELE a.k.a JODEEN male of Togafuafua and Falelatai.
First Defendant

AND:

VILIAMU TUIGAMALA FAALELEIGA a.k.a VIVIEN male of Sapunaoa and Nofoalii.
Second Defendant

Counsel:
I Atoa for the prosecution
Defendants in person
Sentence: 22 December 2021

S E N T E N C E

1. Both defendants have extensive records for offences of dishonesty for which they have on occasions in the past served prison terms. Some terms are substantive indicating the level of their offending was high. Obviously Joe and Viliamu you like prison because you have not learnt anything from those terms.
2. In the present matter they were engaged in swindling innocent people seeking to travel to New Zealand and Australia on the Seasonal Worker Scheme. A very sought after opportunity for the average Samoan to improve the quality of his and his familys life. In their eagerness to pursue their dreams, such people are vulnerable to exploitation and to being conned by people like the defendants.
3. The Police summary of facts which has been fully accepted by both defendants this morning states that the first defendant Joseph is a 35-year-old male of Togafuafua and Safotu Savaii, he is single and unemployed. The second defendant Viliamu is a 35-year-old male of Nofoalii and Sapunaoa Falealili, single and unemployed.
4. There are thirteen victims involved in this matter. Prior to the offending, the first defendant Joseph approached the third victim named Lotovale who works as a security guard at the Taula Company compound opposite Josephs house at Togafuafua. The first defendant would make up false stories to Lotovale about him being employed at the American Embassy and that he was involved in the recruiting of overseas workers for the Fruit-picking Schemes.
5. The victim was unaware that the stories by Joseph were false thus, the first defendant used Lotovale to collect a number of people, including the victims who were interested in working overseas. The defendants used Lotovale to collect SAT$300 from each victim together with their passports for processing of their travel tickets to travel to Australia for employment schemes.
6. The second defendant Viliamu was also going around calling a number of victims and telling them false stories that he lived in Australia and that his work involves picking up the passengers arriving from Samoa. He was working on the same scam that Joseph was running.
7. On or between the 01^st of September and 30^th of September 2021 the two defendants received $300 in cash and passports from each of the thirteen (13) victims in order to process their travel tickets for Australia. However, there was no processing of travel, instead the two defendants took the money received from each of victims and used it for their own personal use. The total amount of money misappropriated by the defendants is $3,900.00.
8. Later the victims were informed by the defendant that their flight is scheduled for Saturday 18 September 2021. This was not true. Later on, the defendant Viliamu sent a message to Lotovale saying that the flight is cancelled. The victims were contacted and were told that the flight is now scheduled for the 28^th of September 2021.
9. The victims packed their suitcases and had to farewell their families. They all attended to the airport and found out there were no flights. They became suspicious and told the defendants they wanted to meet.
10. The defendants set up a meeting with the victims at Lotopa, however the victims waited from the morning until 7:00 pm but the defendants did not show up to meet them. The matter was reported to the Police and on the 05^th of October 2021 the defendants were cautioned and questioned accordingly at the Apia Police Station.
11. There is no question as to what penalty is required to be imposed on you Joseph and Viliamu. To hold you accountable for your fraud and to indicate the courts and societys attitude towards such offending. And to send the message to you and to all others that this kind of fraudulent behaviour will be met every time with severe penalty.
12. The maximum penalty for each count of deception is 7 years in prison. The prosecution have suggested a start point of 3 years in prison but I think considering all relevant factors especially the cold and calculated manner of the offending, that is too low. Sentencing will start at 4 years. That must be upgraded by 2 years to reflect the defendants bad records as repeat offenders for this kind of offending. There is no basis for differentiating between the defendants. That means a start point of 6 years in prison gentlemen for your offending.
13. It is clear from the Pre-Sentence Report and the Victim Impact Reports filed there has been no reconciliation carried out by either of you in the usual customary manner with the thirteen (13) victims. Who comprise people from both the island of Savaii as well as Upolu. There has also been no attempt to reimburse these victims for the monies that they gave you. Your apologies to the court are not worth much, they should have been directed to the victims Joseph and Viliamu. This means that the only factor in your favour is your guilty pleas.
14. The usual deduction for that is one-quarter of the sentence. For this matter that means 18 months from your start point of sentence, leaving 4½ years.
15. As a total sentence for all charges you will both be convicted of these charges and sentenced to 4½ years in prison, remand in custody time to be deducted.
16. Talosia ua uma ai ii lua solitulafono Joseph ma Viliamu aua o le iuga lava lea o mea faapenei. A toe aumai foi oulua i mea faapea e toe faafoi foi oulua i le toese. Pule a la oulua, o le lua lumanai nai lua aao. Ae mo le mataupu lenei 4½ tausaga lea ua faasala ai oulua i le toese, ae tatau na toese mai ai le taimi lea na lua nofo taofia ai e faatalitali le iuga o le Fa'amasinoga.

JUSTICE NELSON