Police v Leo [2022] WSSC 19 (13 May 2022)

IN THE SUPREME COURT OF SAMOA
Police v Leo [2022] WSSC 19 (13 May 2022)

Case name:	Police v Leo
Citation:	[2022] WSSC 19
Decision date:	13 May 2022
Parties:	POLICE (Prosecution) v SUKI SEFO LEO a.k.a SEFO LEO, male of Se’ese’e & Gataivai (Defendant)
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:	The defendant is convicted and sentenced as follows: • Burglary: 13 months’ imprisonment; • Theft: 6 months’ imprisonment; • Intentional damage: 4 weeks’ imprisonment; and • Willful trespass: 4 weeks’ imprisonment. The sentences are to be served concurrently. Less time in custody.
Representation:	T. Sasagi for Prosecution Defendant appears in Person
Catchwords:	Burglary – theft – intentional damage – willful trespass – custodial sentence.
Words and phrases:
Legislation cited:	Crimes Act 2013 ss. 161; 165(b); 174; 184(2); Police Offences Ordinance 1961 s. 7.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

SUKI SEFO LEO A.K.A SHAUN SEFO LEO, male of Se’ese’e & Gataivai Savaii

Defendant

Counsel: T. Sasagi for Prosecution
Defendant appears in Person

Sentence: 13 May 2022

S E N T E N C E

1. The defendant’s matter for sentencing has been long outstanding since 07 June 2021 due to the defendant’s non-appearance for sentencing. A Warrant of Arrest was issued. The defendant is one of three that were jointly charged for the charges of burglary, theft, intentional damage and wilful trespass of the Faleata Secondary School premises.
2. The defendant, Suki Leo, at the time was 20 years’ old. According to the summary of facts by the Prosecution, Suki, Faavesi and another (yet to be located) are from the village of Se’ese’e. On the day of the offending, Suki in the pre-sentence report said that he and two others were drinking a bottle of Rover Vodka at the sliding rocks. They finished their drinking session in the early hours Sunday morning, 16 May 2021 and on their way home they headed towards Lotopa where they then entered the premises of Faleata Secondary School and committed the offences he (and others) are charged with.
3. The defendants were noticed by the police patrol around the area at that time of the day with a bag to be suspicious. The defendants were picked up by police and taken to the Faleata Police Post for questioning where they admitted to the offending.
4. I will adopt a totality approach, with the awareness that there were co-defendants. According to the summary of facts the total value of properties stolen is SAT$1,146.⁰⁰; the value of property damage, a stainless steel lock is SAT$17.00.
5. The offences charged with carry the following penalties:
   • Burglary: maximum 10 years’ imprisonment;^[1]
   • Theft: value of more than $1000; maximum 7 years’ imprisonment;^[2]
   • Intentional damage: maximum 7 years’ imprisonment;^[3]
   • Wilful trespass: maximum 6 months’ imprisonment or $200 fine.^[4]
6. Prosecution seeks for an imprisonment term with a starting point of 2 years. I agree and apply to the most serious offence of burglary and deduct 6 months for his is a first offender; and 25% discount for early guilty plea (5 months), this leaves 13 months.
7. The defendant is convicted and sentenced as follows:
   • Burglary: 13 months’ imprisonment;
   • Theft: 6 months’ imprisonment;
   • Intentional damage: 4 weeks’ imprisonment; and
   • Wilful trespass: 4 weeks’ imprisonment.
8. The sentences are to be served concurrently. Less time in custody.
   

JUSTICE TUATAGALOA

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^[1] Crimes Act 2013, s.174.
^[2] ibid., ss. 161 & 165(b).
^[3] ibid., s. 184(2).
^[4] Police Offences Ordinance 1961, s. 7.