Police v Alo [2022] WSSC 59 (26 October 2022)

IN THE SUPREME COURT OF SAMOA
Police v Alo [2022] WSSC 59 (26 October 2022)

Case name:	Police v Alo
Citation:	[2022] WSSC 59
Decision date:	26 October 2022
Parties:	POLICE (Informant) v FILIPO LOI ALO a.k.a FILIPO SAVEA, male of Falefa, Malie & Letogo (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i Ameperosa Roma
On appeal from:
Order:	(a) On the four (4) charges of burglary, you are convicted and sentenced to eighteen (18) months imprisonment; (b) On the two (2) charges of theft for which the maximum penalty is 7 years’ imprisonment for each charge, you are convicted and sentenced to nine (9) months’ imprisonment on each charge; (c) On the one (1) charge of theft which attracts a maximum penalty of one (1) year imprisonment, you are convicted and sentenced to four (4) months imprisonment; (d) All seven (7) sentences will be served concurrently less time that you have spent in custody.
Representation:	F. Ioane for Prosecution Defendant in person
Catchwords:	Burglary – theft – multiple offences – four separate incidents – 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:

FILIPO LOI ALO a.k.a FILIPO SAVEA male of Falefa, Malie and Letogo

Defendant

Counsel: F. Ioane for Prosecution
Defendant in person

Sentence: 26 October 2022

SENTENCE OF ROMA J

Charges

1. You are being sentenced this afternoon on seven (7) charges - four (4) charges of burglary, the maximum penalty for each charge is ten (10) years imprisonment; and three (3) charges of theft. For one (1) of the three (3) theft charges, you are liable to a maximum penalty of one (1) year imprisonment. For the two (2) remaining theft charges, the maximum penalty for each charge is seven (7) years imprisonment.
2. These seven (7) charges arise out of four (4) separate incidents. The first on the 29^th January 2021; second on 14^th August 2021; third on 7^th January 2022; and fourth on 3^rd March 2022. The charges were called separately in court. From the record you pleaded guilty to two (2) charges on the 22^nd March 2021. You pleaded guilty to three (3) other charges on the 27^th June 2022. The Court then ordered that outstanding matters for which a warrant of arrest was issued against you in November 2021 be brought up, and to those outstanding charges you pleaded guilty on the 10^th August 2022. You have been in custody since the 22^nd May 2022 because of the numbers of similar charges you face, your guilty pleas to the earlier charges and the likelihood that you will be handed an imprisonment term.

Offending

3. From the consolidated summary of facts which you accepted on the 26^th August 2022, the first incident occurred at Fagalii on the 29^th January 2021. The victim is a 20 year old female of Fagalii. She and her family were sleeping, their premises securely locked. You entered through the back door without permission and stole a mobile phone valued at $499.00. She reported the incident to police, and you were apprehended on the 23^rd February 2021. You pleaded guilty to two (2) charges of burglary and theft on the 22^nd March 2021.
4. The second incident occurred on the 14^th August 2021 at Fasitootai. The victim was a 53 year old male of Fasitootai. At about 3pm you went to the victim’s house looking for him but he was not there. Obviously you knew him. You then walked into the garage and forced open a room and stole a lawnmower valued at $1,180.00. On his return, the victim noticed that his property was missing. You were apprehended by police on the 16^th October 2021. It was not until the 10^th August 2022 that you pleaded to two (2) charges of burglary and theft.
5. The third incident occurred at Letogo on the 7^th January 2022. The victim was a 35 year old female. At about 4pm whilst the victim was at work you broke into her house with your face covered with a bandana. You stole speakers valued at $2,000 each, and an amplifier valued at $2,500. The total value of the items is $6,500. The items were seized by police from civilians that you had sold them to on the 21^st May 2022, the same day that you were apprehended.
6. The fourth incident occurred on the 3rd March 2022 at Letogo. You returned to the same victim’s house at about 2pm intending to break into the house. Whilst on the veranda, you saw a security camera and fled. The victim was able to view the camera footage and reported the incident to police. You were taken in by police on the 21^st May 2022. You pleaded guilty to the one charge of burglary on the 27^th June 2022.

Victims

7. There are three (3) separate victims one of whom you know as you are related to his wife. You have not apologised to any one of them. You say in the pre sentence report that you have apologised to one but that has not been confirmed by the victim. Properties of one (1) of the three (3) victims were recovered by police.
8. The other victim recovered his lawnmower when he made enquiries and found the person that you had sold it to. He says in the victim impact report that he had to pay that person $150 for the return of his own lawnmower.

Aggravating Factors

9. In relation to the offending the aggravating features are:
   • (i) these were multiple offending – it occurred on four (4) separate occasions over a period of fourteen (14) months;
   • (ii) the subsequent offences were committed when a warrant of arrest was outstanding against you on similar charges;
   • (iii) the impact of your offending - it involved invasion of private homes and resulted in loss of the victims’ properties;
   • (iv) the total value of the stolen items being $8,179.00 is significant;
   • (v) the prevalence of the offending.
10. Personal to you as offender I find that there are no aggravating factors. Despite there being multiple charges against you, you have not yet been convicted of any offence.

Mitigating Factors

11. There are none in relation to the offending. But personal to you as offender I take into account these factors:
    • (i) your guilty pleas to all charges;
    • (ii) your personal circumstances - you are 32 years of age and married with three (3) children. You ended your formal education at Falefa Primary School. Since 2016 you have been working at Sula’s Bakery to support your family until these matters came up and you were remanded in custody. Your wife told Probation that you have a problem with alcohol and you are not one to take any advice. From the record you were previously ordered to undergo and complete the Salvation Army psycho education alcohol awareness programme. There is no confirmation that you attended the programme, and in any event given the numbers of charges, the Court is of the view that it would be appropriate that you be sentenced in the normal sentencing process. You are a first offender.

Discussion

12. Given the number of offences which occurred over fourteen (14) months; that they involved separate victims; and the significant value of the items stolen, a custodial sentence is the appropriate penalty. Prosecution seek a starting point of three and a half (3 & ½) years. I have reviewed the case authorities they rely on. I consider the totality of your offending and adopt three (3) years as the appropriate starting point on the four (4) charges of burglary. I make the following deductions - six (6) months for your personal circumstances including your first offender status leaving a term of two and half (2 & ½) years. I make a final deduction of twelve (12) months for your guilty pleas. The end sentence is 18 months’ imprisonment.

Result

13. For the above reasons I sentence you as follows:
    • (a) On the four (4) charges of burglary, you are convicted and sentenced to eighteen (18) months imprisonment;
    • (b) On the two (2) charges of theft for which the maximum penalty is 7 years’ imprisonment for each charge, you are convicted and sentenced to nine (9) months’ imprisonment on each charge;
    • (c) On the one (1) charge of theft which attracts a maximum penalty of one (1) year imprisonment, you are convicted and sentenced to four (4) months imprisonment;
    • (d) All seven (7) sentences will be served concurrently less time that you have spent in custody.
      

JUSTICE ROMA