Police v Asomaliu [2023] WSSC 81 (29 November 2023)

IN THE SUPREME COURT OF SAMOA
Police v Asomaliu [2023] WSSC 81 (29 November 2023)

Case name:	Police v Asomaliu
Citation:	[2023] WSSC 81
Decision date:	29 November 2023
Parties:	POLICE (Informant) v SOSENE ASOMALIU a.k.a SOSENE ASO, male of Nuu-fou, Leufisa, Aele, Tuanai, Falefa, Lepa & Saoluafata (Defendant)
Hearing date(s):
File number(s):	Charge 1 & 2 per Charging Document dated 30 October 2023
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	On the charge of burglary you are convicted and sentenced to 14 months imprisonment. On the charge of theft, you are convicted and sentenced to 12 months imprisonment. The sentences will be served concurrently less time that you have spent in custody.
Representation:	E. Lam for Prosecution Defendant in Person
Catchwords:	Burglary – theft.
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

A N D

SOSENE ASOMALIU a.k.a. SOSENE ASO male of Nuufou, Leufisa, Aele, Tuanai, Falefa, Lepa and Saoluafata.

Defendant

Counsel: E. Lam for the Prosecution

Defendant in person

Sentence: 29 November 2023

SENTENCE

Charges

1. You are a 27 year old single male of Nuu appearing for sentence on charges of burglary and theft. The maximum penalty for burglary is 10 years imprisonment and for theft, 7 years imprisonment. You are jointly charged with 6 other defendants – 2 have been referred to the Youth Court, and others who also pleaded guilty to the charges have been referred to the Alcohol and Drugs Court for screening. Because of your previous similar convictions, you are being sentenced under the Court’s normal sentencing process.

Offending

2. On the 3^rd September 2023 between 12 and 3am pursuant to a plan, you and your co accused went to the Robert Louis Secondary School compound at Tafaigata without permission. You broke into a store room and stole a weed eater, 2 barrels of paint, 2 machetes and a chain saw. The total value of the stolen is $556.00. The break in was reported to police and a month later they confiscated the properties from a third party at Vaitele fou. On the 7^th October, you were cautioned and charged. You admitted your offending to Probation and say that alcohol was involved. You also confirm that you all went to Vaitele and sold the items to a third party for $250.00, which money was used to buy more alcohol.

Aggravating Factors

3. I consider that this was a group offending involving 7 of you; the significant value of the items stolen; and the fact that there was an element of planning and premeditation.
4. I also consider your previous related convictions. From the list before me you were convicted of aggravated robbery on the 8^th March 2022 and sentenced to 1 year and 7 months’ imprisonment. The Probation record which you confirm also states that you were subsequently sentenced by the Family Violence Court to 3 months imprisonment on charges of insulting words, threatening words and resisting arrest. The material further says that you were released from prison in April 2023. Five months later you committed the offences that you now appear for sentences on.

Mitigating Factors

5. I take into account your guilty pleas to the charges at the earliest opportunity; and your personal circumstances. You are 28 years of age and a father of 3 children. You told Probation that your wife has left you for another man. Your mother has also pleaded for the Court’s leniency. She seeks your release so that you could help her out in supporting your family as your father is also serving a custodial sentence for more serious charges. You had the opportunity to change, do good, and support your family when you were released in April this year, but you reoffended.

Penalty

6. There are far too many cases of alcohol related break ins by youths who steal and sell stolen items to satisfy their alcohol addiction. The impact of such offending on victims and the general public is an important consideration. In your case a custodial sentence is the only appropriate penalty. I adopt the 15 months starting point as recommended by prosecution. I also accept the recommendation for an uplift of 6 months for your previous convictions. From 21 months I make one deduction for your plea of guilty, and for that I deduct 7 months. The end sentence is 14 months.

Result

7. On the charge of burglary you are convicted and sentenced to 14 months imprisonment. On the charge of theft, you are convicted and sentenced to 12 months imprisonment. The sentences will be served concurrently less time that you have spent in custody.

JUSTICE ROMA