IN THE SUPREME COURT OF SAMOA
Police v Matavale & Anor [2024] WSSC 132 (8 November 2024)

Case name: 	Police v Matavale & Anor 	
		
Citation: 	[2024] WSSC 132	
		
Decision date: 	8 November 2024	
		
Parties: 	POLICE (Informant) v ALEX MATAVALE @ TOMINIKO ESAU @ SAM, male of Alamutu Saleimoa, Vailele-uta & Lalovaea (First Defendant) and SIAOSI FRANCIS, male of Vailele and Letogo (Second Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Senior Justice Nelson	
		
On appeal from:		
		
Order:		
		
Representation: 	L. Matauaina for Prosecution 
Defendants unrepresented	
		
Catchwords: 	Burglary – theft – possession of utensil – receiving stolen goods. 	
		
Words and phrases:		
		
Legislation cited:	Crimes Act 2013, ss. 33; 161; 165(b); 174;
Narcotics Act 1967, s. 13(b).	
		
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:

ALEX MATAVALE @ TOMINIKO ESAU @ SAM, male of Alamutu Saleimoa, Vailele uta and Lalovaea.

First Defendant

A N D:

SIAOSI FRANCIS, male of Vailele and Letogo.

Second Defendant

Counsel:		L. Matauaina for prosecution 
			Defendants unrepresented

Sentence:		08 November 2024

SENTENCE
1. 	The defendants appear for sentence on the variety of charges. In respect of the first defendant Alex Matavale two (2) counts of burglary and two (2) counts of theft and one (1) count of possession of utensil found on him when he was arrested by the Police. The second defendant Siaosi appears on a charge of receiving stolen goods from him. 
2. 	The summary of facts which both defendant have accepted at a previous calling states that Alex is a 21 year old male of Alamutu Saleimoa, Vailele and Lalovaea. Siaosi is a 24 year old male of Vailele and Letogo. The complainant for the first incident is a 60 year old female of Letogo. 
First Incident 
3. 	On the 13th July 2020 the complainant left her house unattended and securely locked to attend to her morning routine which was followed by a meeting and dinner. At around 7:00pm, the first defendant accompanied by four friends approached the complainants house noticing no one was at home. 
4. 	The defendant and his friends tried to force open the main entrance door in order to enter the house. When the door finally was opened, they went inside and stole the following properties: one citizen wrist watch valued at SAT$2,099.09, one Fuji camera valued at SAT$655.00, twenty four (24) small Taula original bottles and 3 bottles of wine valued at SAT$200.00, one black HTC phone valued at SAT$779.00, one silver iPhone 5 valued at SAT$1,717.09, one folding headphones valued at SAT$152.80, two blue compression leggings valued at SAT$45.00, and one jar of coins and notes valued at SAT$50.00. The total value of these properties amount to SAT$5,717.98.
5. 	At around 11:30pm the complainant returned and discovered that the main entrance door was open. She then discovered the house had been broken into and ransacked. 
6. 	The complainant reported the incident to the Police and the matter was investigated. On the 14th August 2020, the first defendant was taken to the Police headquarters for interview where he was cautioned.
7. 	The first defendant is charged as follows: one count of burglary pursuant to section 174 and 33 of the Crimes Act 2013 which carries an imprisonment term not exceeding 10 years; one count of theft pursuant to sections 161, 165(b) and 33 of the Crimes Act 2013 which carries an imprisonment term not exceeding 7 years. The defendant does not have any previous convictions.
Second Incident
8. 	The complainant in this matter is a 40 year old male of Vailele-uta, married with children. 
9. 	On 22nd July 2024 both defendants were carrying out work at a house located next to the complainants house. Not long into their work, the first defendant walked over to the complainants house and borrowed a cigarette from the complainant. 
10. 	At around noon the complainant securely locked his house and left to pick up his children from school.  At around 1:00pm the first defendant went back to the complainants house while the complainant was away. 
11. 	He twisted the lock of the door of the complainants house in order to gain access inside and walked straight into the room where the cabinet is located.  He opened a drawer of the cabinet and stole the shotgun that was inside. This shotgun is owned by the complainant and lawfully registered under his name. The shotgun is a 12-gauge single shot gun valued at $900.00.
12. 	The first defendant took the shot gun and gave it to the second defendant.  Both defendants caught a taxi to Fugalei to look for a buyer for the gun for $500.00.  The second defendant told a friend who is a taxi driver to take the shotgun and look for a buyer. The shotgun was sold and the second defendant received $250.00.  
13. 	When the complainant arrived home with his children, he realized that his house was burgled and his shotgun was missing. The complainant was disappointed so he took a bus and travelled to Savalalo bus depot. Upon arrival at Savalalo, the complainant saw the first defendant trying to hide from him. The complainant walked straight to where the first defendant was hiding and asked him to enter the taxi with him. 
14. 	The complainant took the first defendant back to his home at Vailele-uta. The complainant questioned the first defendant and he told the complainant it was him who took his shot gun. The Police were contacted and they apprehended the first defendant. 
15. 	During Police investigation, a body search was conducted as per usual procedures. The first defendant was found to be in possession of a clear glass pipe hidden inside his underwear.
16. 	On 7th August 2024 the first defendant was interviewed and cautioned at the Apia Police Headquarters.  The first defendant was charged with one count of burglary one count of theft and one count of possession of utensil namely a clear pipe pursuant to section 13(b) of the Narcotics Act 1967 which carries an imprisonment term not exceeding 7 years or a fine not exceeding 200 penalty units or both. 
17. 	Essentially the first defendant has pleaded guilty to breaking and entering into the house of two complainants one in 2020 with others who have been dealt with by the District Court. And burglary in 2024 where he stole the shot gun and sold it to the second defendant. 
18. 	I will deal with the first defendant first in relation to the burglary and theft in 2020. Everyone knows that this kind of offending is very common and is far too prevalent in its appearance before the court. As a result, the court routinely imposes imprisonment as a deterrence to them even if they are first offenders. The message to the defendants and to the general public is that if you break into peoples homes and steal their properties there is a very large chance you will go to Tanumalala. And if you do it more than once you will definitely go to Tanumalala and not for a short period. 
19. 	In this particular case there is no evidence that any of the properties that were stolen by Alex were recovered. The owner of the shop said no apology or approach to him for a restitution has been made by either defendant. Alex is 21 years old and the Pre-sentence Report says the Probation Office have been unable to locate his immediate family but he has been living in Lalovaea. Obviously he has a drug and alcohol problem because he admitted to the Probation Office that before he did the 2024 burglary he smoked meth. There is no “lumana’i” (future) in that Alex except prison. 
20. 	In relation to the first burglary the facts indicate the defendant and his companion stole over $5,000.00 worth of properties from the complainants home. They included a camera, cell phones and some monies. Their pre-sentence reports also notes that there has been no approach to the complainant by the defendant Alex in respect of this matter. An imprisonment penalty for this kind of offence is required. 
21. 	Burglary carries a 10 year maximum penalty. Considering all the circumstances a start point of 3 to 4 years would be appropriate I will use the lesser end of 3 years as a start point. Because I know Alex was not the only one of the group of boys who broke into this house and stole. At that time Alex was about 18 years old so I will deduct one (1) year from the start point for his youth and immaturity. Leaves 2 years.
22. 	This was his first offence then and he was working and residing with his relatives, he will receive 6 months deduction for that, leaves 18 months in prison. 
23. 	I will deduct a further 6 months for Alex guilty plea because that has saved wasting everybody’s time. That leaves a balance of 12 months in prison. 
24. 	On that burglary charge in 2020 convicted and sentenced to 12 months in prison. 
25. 	On the charge of theft 12 months in prison, concurrent term. 
26. 	The second burglary in 2024 which involves the second defendant, involved the breaking into the house of the complainant and stealing a shotgun. Considering all the circumstance the sentence for that will start at 18 months in prison. Theft of this kind of weapon is very serious offending. At that time the defendant had already committed the 2020 burglary so he was not a first offender although he had not been convicted for that first offence. He was then 21 years of age, he was still a young man and in fact Alex there is still time to change your life. I will deduct 6 months for your young age at the time. Leaves 12 months in prison. 
27. 	For your guilty plea you will receive the usual one-quarter deduction of 3 months, leaves 9 months in prison. 
28. 	For that burglary you will be convicted and sentenced to 9 months in prison. Because that is a separate matter that is to be cumulative to the 12 months.
29. 	For theft of the shotgun 6 months in prison, concurrent term.
30. 	The final charge against Alex is possession of a utensil when he was arrested by the Police. He was found in possession of a glass pipe hidden in his underwear. 
31. 	On that charge you will convicted and sentenced to 3 months in prison, again that is separate and therefore cumulative to the previous charges. 
32. 	O lona uiga o le aofaiga o lou faasalaga Aleki mo mataupu uma e 3, e 2 tausaga e te nofo sala ai i le falepuipui. O le taimi lea sa e nofo taofia ai e faatalitali faaiuga o mataupu  nei e tatau ona toesea mai le 2 tausaga lena o lou faasalaga. Ua e malamalama? (Defendant: O lea lava).
33. 	In relation to Siaosi he is charged with receiving the shotgun stolen by Alex in 2024. He sold the shotgun and split the money amongst his friends including Alex. This makes him an accessory to this crime as a receiver. The complainant in his Victim Impact Report says his shotgun has never been recovered and he has lost hundreds of tala.  
34. 	O lea e faapea mai le Ofisa o Leoleo Siaosi o oe e tatau ona ave i Tanumalala e tuli sou fa’asalaga fa’afalepuipui. E faigofie i le fa'amasinoga le tulaga lena, ae o le tagata lea e tatau ona fai iai se fa’atatau o le tagata lea e ona le meatotino lea na e alu fa’atau.  
35. 	O le a fa’apea le faiga o le fa’aiuga o lea o le a tu’u atu le avanoa e su’e mai ai sau tupe e totogi ai se vaega o le tau o le fana a le tamaloa lea. Ae a e fa’aletonu e te i’u lava i Tanumalala. Ua e malamalama? (Defedant: O lea lava lau afioga). 
36. 	Alu e su’e mai sau $500.00. E $300.00 e totogi i le Ofisa Faanofo Va'ava'aia e fa’ao’o i le tamaloa lea e ona le fana. O leisi $200 o lau sala tupe lena i le fa'amasinoga e tusa ai ma lau solitulafono. O le aofa’i e $500. Ia ta le 12:00 pm i le Aso Gafua ua totogi le tupe lea. A le mafai ona totogi le tupe lea e 6 masina e nofo sala ai i le falepuipui. 
37. 	Aua le fa’aletonu, o lea ua tu’u atu le avanoa mo le mataupu lenei ae a toe aumai oe i se mea faapea, leai la ua ese loa le faasalaga e tuu atu.  Ua e malamalama? (Defendant: O lea lava).

SENIOR JUSTICE NELSON