Police v Patolomeo [2024] WSSC 16 (22 March 2024)

IN THE SUPREME COURT OF SAMOA
Police v Patolomeo [2024] WSSC 16 (22 March 2024)

Case name:	Police v Patolomeo
Citation:	[2024] WSSC 16
Decision date:	22 March 2024
Parties:	POLICE (Informant) v ANIS LAAU PATOLOMEO, male of Vaitele-tai, Saipipi, Falealupo & Ululoloa (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	You are convicted of all 4 charges and sentenced to 18 months supervision with the condition that you complete 60 hours community work under the direction and supervision of the Probation Service
Representation:	J. Leung-Wai for Prosecution Defendant in Person
Catchwords:	Burglary and theft.
Words and phrases:
Legislation cited:	Crimes Act 2013, ss. 33; 161; 165(b); 174.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

ANIS LAAU PATOLOMEO, male of Vaitele tai, Saipipi, Falealupo and Ululoloa.

Defendant

Counsel: J. Leung Wai for prosecution
Defendant in person

Sentence: 22 March 2024

SENTENCE

Charges

1. You appear this afternoon for sentence on 4 charges – 2 of burglary and 2 of theft. For each of the burglary charges you are liable to a maximum penalty of 10 years imprisonment. For one of the theft charges, you are liable to a maximum penalty of 7 years imprisonment. For the second charge of theft, you are liable to a maximum penalty of 1 year imprisonment.
2. The record shows you entered guilty pleas through your then counsel on the 30th October 2023. Following an ADC screening, you were referred to Salvation Army to complete its 7 weeks psycho education program.

Offending

3. The charges arise out of 2 incidents. The first occurred sometime between 31st August and 1st October 2023 at Vaitele fou. You had been drinking with your co accused and planned to break into the complainant’s shop. At the time the complainant and his family were in Savaii to attend a family funeral. As planned, you forced entry into the shop, stole snacks and drinks and $50 cash. The total value of the stolen goods is $286.00. You shared amongst you the food items before you dispersed.
4. The second incident occurred on the 26th August also at Vaitele fou. The complainant was sleeping in the early hours of the morning when you entered his house through the back door and stole an Iphone8 valued at $1,500. You ran off when one of the relatives woke up and saw you. The matter was reported to police, you were apprehended on the 3rd October 2023.

Aggravating Factors

5. I consider the following aggravating factors:
   • (i) these were joint offending;
   • (ii) there was an element of premeditation;
   • (iii) there were 2 incidents involving separate victims;
   • (iv) the total value of items being $1,786.00;
   • (v) they involved the invasion of homes and private property;
   • (vi) the impact – they involved loss of properties, and by their nature caused fear and anxiety for victims and general public;
   • (vii) the prevalence of burglary and theft cases.

Mitigating Factors

6. I consider your:
   • (i) guilty pleas to the charges entered at the earliest opportunity;
   • (ii) personal circumstances - you are 19 years of age and the third of five siblings. You were studying carpentry at Punaoa Technical Institute when these matters came up. By order of this court, you attended the Salvation Army alcohol and drugs psychoeducation program. In the program report, you disclose positive changes and lessons learned from treatment. You were held in custody for almost a month after you were charged, something you told the program you would not want to go through again. There are testimonials attached to the presentence report in support of your character. You are a first offender.

Penalty

7. The number of cases involving youths engaging in drinking and breaking into private homes and stealing from the public continues. Home invasion and the risks they present to the safety and security of victims and members of the public are important considerations.
8. Prosecution seek a term of imprisonment with a start point of 2 years. I have considered the authorities cited in their memorandum. On the other hand, Probation have assessed you suitable for a community based sentence.
9. I had considered imposing a custodial sentence because of the aggravating factors I have referred to. I am mindful however that as a result of the Salvation Army program, you have made positive changes. I accept that you have realised and regret the consequences of your action and are remorseful. You are also a first offender though you are being sentenced on 2 separate incidents of offending. You must know however Anis that you will not get the same leniency when you came back for any other offending.
10. You are convicted of all 4 charges and sentenced to 18 months supervision with the condition that you complete 60 hours community work under the direction and supervision of the Probation Service.

JUSTICE ROMA