Police v Ieti [2024] WSSC 18 (25 April 2024)

IN THE SUPREME COURT OF SAMOA
Police v Ieti [2024] WSSC 18 (25 April 2024)

Case name:	Police v Ieti
Citation:	[2024] WSSC 18
Decision date:	25 April 2024
Parties:	POLICE (Informant) v WILLIAM IETI (a.k.a) UILI IETI (a.k.a) AUKUSITINO WILLIAM IETI TOMASI male of Leuaealesi Leauvaa (Defendant)
Hearing date(s):
File number(s):	Charging Document (a), (b) dated 18/12/23 and Charge 1 & 2.
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 four charges and sentenced to 16 months supervision with the condition that you complete 80 hours of community work under direction of the Probation Service.
Representation:	H. Apisaloma for prosecution Defendant in person
Catchwords:	Burglary and Theft.
Words and phrases:
Legislation cited:	Crimes Act 2013 ss.174; 33; 161; 165(b).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

WILLIAM IETI (a.k.a) UILI IETI (a.k.a) AUKUSITINO WILLIAM IETI TOMASI, male of Vaitele tai, Saipipi, Falealupo and Ululoloa.

Defendant

Counsel: H. Apisaloma for prosecution
Defendant in person

Sentence: 25 April 2024

SENTENCE

Charges

1. You appear for sentence on four charges, two of burglary and two of theft. For the two charges of burglary, you are liable to a maximum penalty of ten years imprisonment for each charge. For the theft charges, you are liable to a maximum penalty of seven years imprisonment for one charge and ten years for the other. You entered guilty pleas to all charges when finalised. You were also ordered to complete the Salvation Army program which you have successfully done.

Offending

2. The charges arise from 2 separate incidents. The first occurred in November 2023 at Vailima. You went to your former employer’s apartments, entered one and stole the tenant’s electronics including two cell phones, a shaver, air pods, shoes and other items. The total value being $1,565.00. The tenant reported the missing items to his landlord, who suspected your involvement having seen you earlier wearing shoes similar to the ones stolen.
3. The second incident occurred at Vailima on the 22^nd November 2023. You went onto the complainant’s property without permission, broke into the house and stole a bluetooth speaker, two elei shirts and a necklace, the total value of the items being $511.60. You were charged in December 2023 and through Probation, you say that the offending were alcohol related.

Aggravating Factors

4. The aggravating features of your offending are:
   • (i) there were two incidents occurring within a month;
   • (ii) they involved invasion of private homes and property;
   • (iii) the total value of the items being $2,073.60;
   • (iv) the impact - it involved damage to and loss of property, and caused fear and insecurity to victims and the public.
   • (v) the prevalence of break ins and thefts.

Mitigating Factors

5. I consider:
   • (i) your guilty pleas;
   • (ii) the apology you rendered to one of the victims. From the material before me the speaker and shirts were returned to police;
   • (iii) your personal circumstances - You are 19 years of age and have had a good education. You graduated with a certificate in carpentry from the Don Bosco Technical Institute. I have read the references from your church minister and representative of your village. You are a first offender who has also completed the Salvation Army psycho education program to address the impacts of alcohol in your offending.

Penalty

6. Prosecution recommend a custodial sentence with a start point of 12 months to be followed by a term of supervision. I have considered each of the cases they cite. But I have decided to grant you another opportunity in view of the mitigation factors in your favour. Just yesterday, William, I sentenced two offenders about your age to a jail term of two years for the same offences as you. Many others have gone before them, and I will have no difficulty doing the same if you come back for these offences. So the simple lesson for you is ‘do not reoffend’.
7. You are convicted of all four charges and sentenced to 16 months supervision with the condition that you complete 80 hours of community work under direction of the Probation Service.

JUSTICE ROMA