Police v Ah Fook [2022] WSSC 66 (13 December 2022)

SUPREME COURT OF SAMOA
Police v Ah Fook [2022] WSSC 66 (13 December 2022)

Case name:	Police v Ah Fook
Citation:	[2022] WSSC 66
Decision date:	13 December 2022
Parties:	POLICE (Prosecution) AND JEROME KONELIO NIUMATA AH FOOK male of Vaitele-uta, Leauvaa and Saleufi. (Defendant)
Hearing date(s):
File number(s):	S876/22, S877/22
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- On the charge of burglary you will be convicted and sentenced to 3 years in prison. - In respect of the charge of theft as noted the properties were recovered and returned, convicted and sentenced to 2 years concurrent term. Any time that you spent in custody awaiting resolution of this matter to be deducted from your 3 year term.
Representation:	T. Sasagi for prosecution
	Defendant in person
Catchwords:	- Burglary – theft – previous conviction record – home invasion
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

JEROME KONELIO NIUMATA AH FOOK male of Vaitele-uta, Leauvaa and Saleufi.
Defendant

Counsel:
T. Sasagi for the prosecution
Defendant in person
Sentence: 13 December 2022

S E N T E N C E

1. This defendant has pleaded guilty to two charges information S877/22 of burglary of the house of the complainant Jeffery John Leung Wai at Siusega on 31 July 2022. Also that same place same day he did steal a black laptop valued at $3,000.00 and a silver laptop valued at $3,000.00 total value $6,000.00 belonging to the same complainant S876/22.
2. The Police summary of facts which is accepted by the defendant says he is a 28-year-old male from Saleufi and Vaitele unemployed. On Saturday, 30 July he entered the house of the complainant and his family at Siusega around sometime after midnight. He did so by removing the louvres on the window next to the dining table and took from the complainants house the two laptops in question. He then exited the house through the front glass sliding door and subsequently the laptops were posted online for sale.
3. The defendant told the court that he did not actually steal the laptops but he does admit he posted them online for sale. Jerome as you have heard from the previous case if you try and sell other peoples property this amounts in law to ‘theft’. And the court also notes you did change your plea on the burglary charge on trial day from not guilty to guilty. And the Court transcript probably confirms my recollection that you told me that was because you admitted going into the house and taking the laptops.
4. It also appears this is not your first encounter with the law you have an extensive previous conviction record including for offences of burglary and theft. There is no question therefore you will have to be returned to serve another term of imprisonment for these matters and the only issue for me is how long? A sentence should be imposed to hold you accountable for what you did and to denounce your conduct and to send a message to other your men that if you follow this kind of life of breaking into other peoples houses and stealing there is only one inevitable result.
5. For today for the offence of burglary you can be sentenced to a maximum term of 10 years and for the theft a maximum term of 7 years. In fixing a suitable start point the court takes into account that the properties in this matter were recovered and returned to the complainant, as confirmed by the complainant in a letter dated 8 December 2022.
6. But the court must also take into account the large value of the properties stolen and the fact that this was a home invasion burglary and theft. The family were asleep at the time a family that included children and you violated the sanctity of their home. Something that will always leave an impact. The complainants letter refers to this aspect and says “after the burglary my family was greatly impacted and my children were affected mentally. It was difficult to process the fact that someone came into our house uninvited and could have hurt my family and as such resulted in many restless nights”. It also states there are still damages to the house window that remains unrepaired to date.
7. Burglary is one of the most prevalent offences in this country and the Court must do its best to stamp out this kind of behaviour. The deterrent aspect of the sentencing is therefore of primary importance as well as the protection of the community.
8. In respect of the charge of burglary with a 10 year maximum penalty an appropriate start point is 4 years in prison. That includes a one year uplift for your previous convictions. From that start point Jerome you are entitled to certain deductions which I will now make.
9. Firstly for your apology that has been confirmed by the complainants letter to the court. The complainant confirms you accompanied by your mother apologised for what you did and that he and his wife accepts your apology. They even pray for leniency for you as you are still a relatively young person. They are correct you are still a young person Jerome but where your life goes from here is really up to you. You will have to serve a prison term for these offences but after that you still have your life ahead of you. You really are wasting it in this kind of senseless behaviour. But for the apology you made to the complainant and his wife I will deduct 6 months from the start point for sentence.
10. You are also entitled to a deduction for your guilty plea even though it was late and only made on trial day and the complainant and the other witnesses had to be summoned and to appear on that day. The guilty plea still saved the court some time and for that I will deduct a further 6 months from your start point for sentence. That leaves a balance of 3 years in prison.
11. There are no other deductions that can be made to your sentence Jerome on the charge of burglary you will be convicted and sentenced to 3 years in prison.
12. In respect of the charge of theft as noted the properties were recovered and returned, convicted and sentenced to 2 years concurrent term. Any time that you spent in custody awaiting resolution of this matter to be deducted from your 3 year term.
    

JUSTICE NELSON