Police v FT [2022] WSSC 80 (13 May 2022)

IN THE SUPREME COURT OF SAMOA
Police v FT [2022] WSSC 80 (13 May 2022)

Case name:	Police v FT
Citation:	[2022] WSSC 80
Decision date:	13 May 2022
Parties:	POLICE (Informant) v FT (Young Person)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	Upon your successful compliance with the conditions imposed on the 23rd December 2021, you are discharged without conviction.
Representation:	Ms B. Vukalokalo & Ms E. Tiitii for prosecution Ms V. Afoa for young person
Catchwords:	Discharged without conviction.
Words and phrases:
Legislation cited:	Young Offenders Act 2007.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

FT, male.

Young person

Counsel: Ms B. Vukalokalo & Ms E. Tiitii for prosecution
Ms V. Afoa for young person

Sentence: 13 May 2022

SENTENCE

1. This matter was adjourned from last week for me to consider the material. By background on the 23^rd December 2021, I sentenced you under the Young Offenders Act 2007 to comply with several conditions. You were to:
   • (i) complete 60 hours of community service;
   • (ii) continue residing with your guardians K.A & M.A;
   • (iii) go back to school;
   • (iv) continue attending Sunday School and Youth Group under the supervision of the Bishop; and
   • (v) appear for judicial monitoring on the 31^st March 2022.
2. Obviously for reasons known to all concerned this matter could not come back before me on the 31^st March 2022.
3. I have perused the report by the Probation Service in view of the conditions imposed by this Court. It confirms that you have completed 60 hours of community service. You have gone back to school and now attending your village Primary School. You continue to live under the care of your guardians. The report also says that you have lost contact with your natural parents.
4. Under the Young Offenders Act 2007 I have a discretion to discharge you without conviction. I am mindful that this is a very serious offence. But I must also have regard to the principles of sentencing young offenders under the Act in particular that of rehabilitation. I consider that you have learnt your lesson and there is very little chance of you coming back for similar offending.
5. Upon your successful compliance with the conditions imposed on the 23^rd December 2021, you are discharged without conviction. This Court has given you a second chance, and one which it did not consider lightly. You must make good use of the opportunity and stay away from trouble.
   

JUSTICE ROMA