Police v Tausagafou [2023] WSSC 27 (12 May 2023)

IN THE SUPREME COURT OF SAMOA
Police v Tausagafou [2023] WSSC 27 (12 May 2023)

Case name:	Police v Tausagafou
Citation:	[2023] WSSC 27
Decision date:	12 May 2023
Parties:	POLICE (Prosecution) v MAREKO TAUSAGAFOU, male of Matautu-tai & Vaimoso
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:	- Accordingly, you are convicted and sentenced as follows, less time remanded in custody: - Adopting information S406/23 charge #3, burglary of the home of Tyrone Laurenson as the lead charge on a totality basis, you are convicted and sentenced to 2 years and 6 months imprisonment. - All remaining burglary charges, 9 imprisonment, concurrent; - Theft charge S406/23 #2 theft from Line Hafoka in the sum of $364.00, 3 months imprisonment, concurrent; - All remaining theft charges, 9 months imprisonment, concurrent; and - Breach of bail, 3 months imprisonment, concurrent.
Representation:	E. Lam for Prosecution Accused self-represented
Catchwords:	Burglary – theft – multiple incidents – breach of bail conditions – multiple victims – pre-meditation – early guilty plea – 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

Prosecution

A N D

MAREKO TAUSAGAFOU male of Matautu-tai & Vaimoso.

Accused

Counsel: E Lam for Prosecution

Accused self-represented

Decision: 12 May 2023

SENTENCE

The Charge:

1. Mareko, you appear for sentence on four charges of burglary, five charges of theft and one charge of breach of bail conditions.

The Offending:

2. Your offending involved five separate incidences. The first was the burglary and theft between the 12th and 13th December 2022. Together with your accomplice, you broke into the 72 year old male’s home while he was sleeping. You entered the home and stole $3,486.00 worth of items including a laptop and mobile phone.
3. The second incident occurred on the 21st January 2023. Sometime after 12am, you broke the gate lock of the Samoa Ports Authority compound at Matautu-tai. You went to the victim’s store, forced open the door, entered and stole $346.00 worth of cigarettes and cash.
4. The third incident occurred on the 30th January 2023. At around 2am, you approached the backyard of the KK Supermarket at Matautu-uta. You reached a window of the supermarket, tore the screen wire, removed the louvres and gained entry. You then stole $3,030.80 worth of goods.
5. After these incidences, you were arrested and appeared before the Supreme Court on the 13th February 2023. You were then granted bail to re-appear on the 20th February 2023. However, just two days later on the 15th February 2023, you committed your fourth burglary and theft at the Prince Mart located at Leone. You stole $3,211.00 worth of goods. I note that the conditions of your bail was that you were not to re-offend whilst on bail.
6. On the 20th February, you appeared before the Supreme Court for the first three incidences and your bail was continued. That afternoon around 6pm at Matautu-tai, you saw the victim and her husband riding their bikes on the Matautu-tai seaside. As the victim got close to you, you grabbed her bag and ran off. The victim’s bag contained $3,115.18 worth of goods. As police were nearby, you were quickly apprehended.
7. The total value of the goods stolen by you was $13,206.98.

Background of the Accused:

8. You are a 19 year old male of Matautu-tai and Vaimoso. According to your Pre-Sentence Report, you were expelled from High School in year 10. You later attended the Samoa Maritime School but were then arrested for this matter.
9. Your mother told the Probation Service that you had cared for your grandfather but following his passing, you began associating with other youth in the village and in criminal activity. When your mother addressed the Court, she relayed that you had left home and stayed with another youth and his family, a time when your behaviour began to change.

The Victim:

10. There are a number of victims to your offending. Victim Impact Reports have been provided for some but not all victims. The first victim is a 72 year old former senior public servant and police officer. He says this is the first time he has had to report a matter to Police and been a victim himself. As a result of the burglaries, he has lost his sense of security, valuable documents and family photos amongst much more. Another victim, Eric Liao says there has been no reconciliation and only some of the items stolen returned. Another victim the owner of Prince Mart Leone says she is very angry and sad at what happened to her and that there has been no reconciliation.

Aggravating and Mitigating Features of the Offending and Personal to You:

11. The aggravating features of your offending are:
    • Degree of premeditation;
    • Prevalence of this type of offending;
    • Unlawful entry and presence in victim’s homes;
    • The number of burglaries, the value of the goods stolen and multiple victims;
    • The impact of offending on the victims, including in particular the first victim;
    • When you committed the fourth and fifth offending, you were on bail for the three earlier incidences; and
    • Your last victim was a tourist.
12. There are no mitigating features to your offending. I however note that some of the items stolen by you were recovered, involuntarily in the sense of recovery by police. That will be factored into the start point.
13. There are no aggravating factors personal to you as an offender. In terms of mitigating factors, I take into account your relative youth, prior good character and remorse and your early guilty plea.

Discussion:

14. Mareko, you were arrested and then appeared before the Supreme Court on the 13th February this year. Just two days after appearing in Court for charges of burglary and theft, you went and burgled Prince Mart in Leone. You came back before the Supreme Court on the 20th February for mention and appeared before the Judge again. That same afternoon, you stole from a female tourist from a visiting cruise ship who was riding a bike with her husband through Matautu-tai. This shows your complete disregard for the law. Having been arrested and coming before the Court, that in no way deterred you from continuing to burgle and steal.
15. There is no question that an imprisonment term is warranted. You are a risk to the community of further offending. This is particularly because of the number of burglaries committed by you, these also involved people’s homes, the value of the goods stolen and that your last two incidences were while you were on bail. It is also to deter you and others from committing this type of offence.
16. Prosecution seeks a 6 year sentence start point. Having perused the authorities and bearing in mind the aggravating features of your offending, the appropriate start point is 5 years imprisonment on a totality basis. I deduct 15 months for your youth, 4 months for your prior good character and remorse, and from the balance, 11 months for your guilty plea leaving an end sentence of 2 years and 6 months.

Result:

17. Accordingly, you are convicted and sentenced as follows, less time remanded in custody:
    • (a) Adopting information S406/23 charge #3, burglary of the home of Tyrone Laurenson as the lead charge on a totality basis, you are convicted and sentenced to 2 years and 6 months imprisonment.
    • (b) All remaining burglary charges, 9 imprisonment, concurrent;
    • (c) Theft charge S406/23 #2 theft from Line Hafoka in the sum of $364.00, 3 months imprisonment, concurrent;
    • (d) All remaining theft charges, 9 months imprisonment, concurrent; and
    • (e) Breach of bail, 3 months imprisonment, concurrent.

JUSTICE CLARKE