Police v Faapoi [2023] WSSC 26 (12 May 2023)

IN THE SUPREME COURT OF SAMOA
Police v Faapoi [2023] WSSC 26 (12 May 2023)

Case name:	Police v Faapoi
Citation:	[2023] WSSC 26
Decision date:	12 May 2023
Parties:	POLICE (Prosecution) v SEFO FAAPOI, male of Vailoa Faleata & Lepa (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Michael Clarke
On appeal from:
Order:	On all charges, you are convicted and sentenced to 9 months supervision and ordered: To carryout 80 hours of community service; and Attend such programs as may be directed by Probation Service.
Representation:	E Lam for Prosecution Accused self-represented
Catchwords:	Burglary and theft – intentional damage – previous conviction.
Words and phrases:
Legislation cited:	Community Justice Act 2008, s. 5(2).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Prosecution

A N D

SEFO FAAPOI male of Vailoa Faleata & Lepā.

Accused

Counsel: E Lam for Prosecution

Accused self-represented

Sentence: 12 May 2023

SENTENCE

The Charge:

1. Sefo, you appear for sentencing on charges of burglary and theft of $60.00 worth of items and intentional damage of a cash register which is worth of $233.98.
2. You entered an early guilty plea to the charges.

The Offending:

3. According to the Prosecution Summary of Facts of the 19 April 2023 admitted by you, on Monday 17 October last year around 4am you went to the Tanoa Tusitala Hotel to visit a friend. You walked through the lobby and headed towards the hotel rooms. As you did so, you walked past the deck bar. You noticed that none of the employees and the guests were around and that the bar had been closed. You then entered the deck bar without authority and removed the cash register from the bar counter. You then damaged the cash register and stole $60.00 which was inside the machine. You then fled the scene.
4. The value of the damaged cash register is $233.987.

Background of the Accused:

5. You are a 23 year old male of Vailoa Faleata and Lepā. You work on a fishing boat and have a prior conviction for burglary entered in 2019 where you were convicted and sentenced to 18 months supervision.

The Victim:

6. The victim is the Tanoa Tusitala Hotel. The Tanoa Tusitala Hotel has been a victim of thieving on many occasions. There is no Victim Impact Report. There has also been no apology or reconciliation with the victim.

Aggravating Features of the Offending:

7. The aggravating features in respect of you as an offender is your prior convictions for burglary in 2019.

Mitigating Features of the Offending:

8. The mitigating factors personal to you that I take into account are as follows:
   • Your successful completion of the Salvation Army Program; and
   • Your early guilty pleas.

Discussion:

9. Sefo, you committed your offending it seems because of alcohol. If you wish to avoid going to jail, you need to control your drinking of alcohol. You have taken the first by completing the Salvation Army Program. Make sure that what you have been taught, you use in your life so don’t drink and do foolish things like you did at the Tanoa Tusitala Hotel on this occasion.
10. Prosecution seeks an imprisonment start point of 9 months imprisonment. I do not agree with this view. The fact that you have a prior conviction for burglary does not by itself warrant an imprisonment term, particularly in the circumstances of this offending and it being at the lower end of seriousness of this type of offending. Section 5(2) of the Community Justice Act 2008 requires the Court to have regard to the desirability of keeping offenders in the community so far as that is practicable and consistent with the safety of the community. I bear this in mind in sentencing you.
11. Before I sentence you, I do wish to record my thank you again to the Probation Service for the various Pre-Sentence Reports they have provided, their extensive review of your circumstances and the support extended to the Court.
12. A deterrent sentence can be imposed through non-custodial sentences. I will impose a non-custodial sentence today. I do so also bearing in mind that you have spent some time remanded in custody for this offending. Having spent time in custody you will then now appreciate what awaits you at Tanumalala if you continue to offend and burgle from people’s property. You have also heard the earlier matter which involves burglary and theft and the sentence that I impose of 2 years and 6 months imprisonment. Burglary is a serious offence. So should you reappear before the Court again for similar offending, you will very likely not be third time lucky and you will find yourself in a police van on the way to Tanumalala Prison.
13. It is important after you leave Court today that you do not re-offend.

Result:

14. On all charges, you are convicted and sentenced to 9 months supervision and ordered:
    • (i) To carryout 80 hours of community service; and
    • (ii) Attend such programs as may be directed by Probation Service.

JUSTICE CLARKE