Police v Tauanuu [2022] WSSC 17 (29 April 2022)

IN THE SUPREME COURT OF SAMOA
Police v Tauanuu & Anor [2022] WSSC 17 (29 April 2022)

Case name:	Police v Tauanuu & Anor
Citation:	[2022] WSSC 17
Decision date:	29 April 2022
Parties:	POLICE (Prosecution) v SAVELIO TAUANUU & ROBERT KALATI SMITH (Defendants)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Niavā Mata Tuatagaloa
On appeal from:
Order:	Both defendants are convicted and sentenced to serve the following terms: a) Savelio is to serve a total cumulative term of 19 months’ imprisonment. b) The defendant, Robert, is to serve 14 months and 2 weeks’ imprisonment.
Representation:	I. Tanielu for Prosecution Defendants appear in Person
Catchwords:	Burglary – theft – occurred multiple times – recidivist offenders – entered early guilty pleas.
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

AND:

SAVELIO TAUANUU & ROBERT KALATI SMITH

Defendants

Counsel: I. Tanielu for Prosecution
Defendants appear in Person

Date: 29 April 2022

S E N T E N C E

1. The two defendants appear for sentencing on two counts of burglary and two counts of theft on 31 December 2021. The defendant, Savelio Tuanuu, will also be sentenced on burglary and theft committed on 28 December 2021. All these offences were committed at Vaivase-uta involving three different houses.
2. The defendants committed the offences within a short timeframe and it seems the defendant Savelio Tuanuu was on a crime spree. Both defendants have previous convictions of similar offending and they are considered to be high risk to the community.
3. The Prosecutions did not file a summary of facts or sentencing submissions on time and the Court is not going to consider any if received late. The defendants have been in custody since 19 January 2022 and the Prosecution has been given ample time to finalise their charges (which they have) and have also been given adjournments to file their submissions and summary of facts but they have not filed their submissions on time. The Court will proceed to sentencing without the submissions of the Prosecutions. The Court will defer to the PSR for the facts and other information before the Court for sentencing.
4. According to the pre-sentence report provided by Probation, the defendants met when they were both serving terms at the Juvenile Prison in 2017. They are both known to be recidivist offenders. The background of the defendants, are at two different end of the spectrum where the defendant, Savelio, leads a nomadic life. He does not live with family but moves around from family to family usually relocating whenever he commits an offence. The defendant, Robert on the other hand lives with his parents, his wife and young son and he gets into trouble when he mixes with the wrong crowd.
5. The pre-sentence report has both to be, ‘individuals that harbour high risk negative behaviour due to their tendency to reoffend.’ Due to their consistent unlawful actions or behaviour and being a threat to the community, Probation Services assess them to be unsuitable for community based sentences. The Prosecution also agree. I agree as well.
6. I am aware that the Prisons Authority now carries out rehabilitation programmes involving the Salvation Army, a faith based group and various other people. Obviously, these two defendants will benefit from the in-prison programmes on alcohol and drug related offending run by Salvation Army.
7. I sentence these two defendants being mindful of their recidivist behaviour, their early guilty pleas and the time they have been in custody awaiting sentencing. I sentence them as follows:

a) 31 December 2021 offending (burglary x2, theft x 2):

8. This involved two different houses. It was committed in the early hours of the morning around 5.00am while people were still asleep in their homes. The two defendants had no regard for that but they went onto these people lands, entered their homes, their vehicles and removed properties with a combined total value of SAT$3,742.00.
9. For each count of burglary: 18 months’ imprisonment. For each count of theft: 12 months’ imprisonment. All to be served concurrently, less time in custody. This means they are to serve 18 months’ imprisonment less 3 months and 2 weeks they have been in custody.

b) 28 December 2021 offending (burglary/theft):

10. The defendant, Savelio, is charged with this offending and he has entered a guilty plea. This offending by Savelio was committed by him prior to the joint offending with Robert Smith on 31 December 2021.
11. Savelio for this offending is sentenced to 8 months’ imprisonment for burglary and 3 months’ imprisonment for theft to be served concurrently. Less time in custody. Savelio is to serve about 4 months and two weeks.
12. The offending of 31 December 2021 with co-defendant, Robert Smith, is separate from the offending of 28 December 2021 by Savelio alone. Therefore, the sentence imposed for the 31 December 2021 offending is cumulative upon Savelio to his 28 December 2021 offending.
13. Both defendants are convicted and sentenced to serve the following terms:
    • (a) Savelio is to serve a total cumulative term of 19 months’ imprisonment.
    • (b) The defendant, Robert, is to serve 14 months and 2 weeks’ imprisonment.
      

JUSTICE TUATAGALOA