Police v Loi [2022] WSSC 26 (14 July 2022)

IN THE SUPREME COURT OF SAMOA
Police v Loi [2022] WSSC 26 (14 July 2022)

Case name:	Police v Loi
Citation:	[2022] WSSC 26
Decision date:	14 July 2022
Parties:	POLICE (Informant) v APIA LOI (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Lesātele Rapi Vaai
On appeal from:
Order:	You are convicted and sentenced to two years’ imprisonment for each charge of burglary; to be served concurrently. On each charge of theft you are convicted and sentenced to 12 months’ imprisonment and to be served concurrently with the burglary charges.
Representation:	E. Tiitii for the Informant Defendant appears in Person
Catchwords:	Burglary – theft – multiple offences – recidivist offender – custodial sentence.
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

Informant

AND:

APIA LOI, male of Apia, Aai o Niue, Vaoala, Malololelei & Falefa

Defendant

Counsel: E. Tiitii for the Informant
Defendant appears in Person

Date: 14 July 2022

S E N T E N C E

1. Mr. Loi, you are here today for sentence on two charges of burglary and two of theft committed on the 09^th and 23^rd December 2021.
2. I have summaries of facts concerning those offendings. On the 09^th December 2021 at about 3.00am you entered the victims house whilst they were asleep. You removed:
   • (i) A laptop valued at: $2000
   • (ii) Black back valued at: $1,400
   • (iii) Headphone valued at: $300
   • (iv) Canon camera valued at: $3000
   • (v) Cash: $900

$7,600

3. The victim of your offending is an expatriate employed by the United Nations. When you were apprehended and questioned by the police, the Canon camera was recovered.
4. Two weeks later on the 23^rd December at about 11.00pm you forced open a locked door and entered the house of a 67 year old victim. The house was not occupied at the time. You then stole a television set valued at $1,500 and sold it.
5. You were apprehended by the police on the 24^th February 2022 and the television was subsequently recovered.
6. You are unrepresented. You denied the charges and the defended hearing was scheduled for the 30^th May 2022. You then vacated your not guilty pleas to both charges. A supplementary pre-sentence report was requested.

The Defendant

7. You are now 21 years of age. Your date of birth on your previous conviction form is 11^th July 2001. Your first involvement with the law was in January 2017. You were then 15 years of age and charged with Burglary and Theft before the Youth Court together with your co-accused’s Again in August 2017 you re-appeared in the Youth Court with other co-accused’s on a charge of assault.
8. Undoubtedly, the Youth Court did its best to steer you away from the path which you unfortunately had already determined to pursue.
9. You served your first imprisonment sentence of 8 months on the 11^th March 2019 for burglary and theft with your co-accused. On 03^rd May 2019, you and your other co-accused were again sentenced to a further 8 months’ imprisonment, cumulative to the sentence imposed in March, for burglary and theft.
10. All your past offendings were committed whilst you were under the influence of liquor, spirits and in the company of others.
11. You were again sentenced to prison on the 28^th May 2021 to 6 months, again for burglary and theft which means your present offendings were committed within one month after your release from prison.

Impact of offending

12. The extent of your offending is considerable as you are undoubtedly aware. I have the victim impact report concerning the second burglary charge. He is a 67 year old father who cannot afford to be ripped off, or to be deprived of his very limited possession, and cannot afford to pay for the repairs to one of the doors to his house which you damaged to gain entrance.
13. The issue of reparation is remote or non-existent. You are a menace to society. You have obviously chosen to pursue burglary and theft as your way of life.
14. In the interests of society, a custodial sentence as submitted by the Prosecution is inescapable. I consider two years as the appropriate starting point for the burglaries. I uplift that by six months due to your previous convictions. My end starting point for burglary is two years and six months’ imprisonment.
15. Because of the late guilty pleas you are entitled to credit which I assess at 20% and that is around six months.
16. You are convicted and sentenced to two years’ imprisonment for each charge of burglary; to be served concurrently.
17. On each charge of theft you are convicted and sentenced to 12 months’ imprisonment and to be served concurrently with the burglary charges.
    

JUSTICE VAAI