Police v Leuluaialii [2024] WSSC 29 (25 April 2024)

IN THE SUPREME COURT OF SAMOA
Police vs Leuluaialii [2024] WSSC 29 (25 April 2024)

Case name:	Police vs Utumea Olaf Leuluaialii
Citation:	[2024] WSSC 29
Decision date:	25 April 2024
Parties:	POLICE (Informant) and UTUMEA OLFA LEULUAIALII, male of Moamoa Uta and Leufisa (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	SUPREME
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	You are accordingly convicted and sentenced as follows less the time you have been remanded in custody: (a) burglary charge #1 in the Charging Document dated 19/02/2024 of Kokobanana Restaurant on the 14th December 2023, 18 months’ imprisonment on a totality basis; (b) theft charge #2 in the Charging Document dated 06/11/2023 from Vaivase-Uta of Jaydin Meredith, 12 months’ imprisonment, concurrent; (c) all remaining burglary charges, 9 months’ imprisonment; and (d) all remaining theft charges, 6 months’ imprisonment, concurrent.
Representation:	L. Matauaina for the Prosecution Accused self-represented
Catchwords:	Burglary – theft – custodial sentence.
Words and phrases:	Offending occurred multiple times – multiple victims – significant value of goods stolen.
Legislation cited:
Cases cited:	Police v Tausagafou [2023] WSSC 27 (12 May 2023).
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

UTUMEA OLAF LEULUAIALII, male of Moataa-Uta and Leufisa.

Defendant

Counsel: L Matauaina for Prosecution
Accused self-represented

Submissions: 18 April 2024
Sentence: 25 April 2024

ORAL SENTENCE

The Charges:

1. Utumea, you appear for sentence on three charge of burglary and three charges of theft.

The Offending:

2. According to the Supplementary Summary of Facts that you have accepted, at around 1pm on the 14^th September 2023 at Vaivase, you committed your first burglary and theft with Samu Apa from the 69 year old female victim. You stole from the victim’s home various items valued at $4,000.00. On the 9^th October 2023 you committed your second burglary and theft again with Samu Apa. From this victim and her family, you stole from their home $9,930.00 worth of items.
3. Although charged and before the Court for the first 2 burglaries and thefts, you committed your third burglary and theft on the 14^th December 2023. You burgled and stole from Kokobanana Restaurant $1,059.50 worth of goods.
4. The total amount of goods stolen by you and your friend was $14,989.50. Police were able to recover approximately $8,000.00 worth of the goods stolen. It is clear however from the first Victim Impact Report of the 1^st victim for example, that some of the goods recovered were damaged.

Background of the Accused:

5. You are 19 year old male of Moataa-Uta and Leufisa. You were raised in Moataa and are the fifth of eight children. Your mother was employed with a local stationary company, and your father has a catering business. You told the Probation Service that you stopped schooling at year 11 because your parents separated and no one else could pay for your education.
6. It seems from what I have seen, heard and read that following your parents’ separation, your parents played little role in your life. Your mother moved to live with her second husband and you left to live with other relatives. When you first appeared for sentence, neither of your parents turned up. When your sentencing was adjourned so that your parents could attend court, only your mother attended.
7. You seem to have various jobs based on what you told the probation service but have been unemployed for some time.

The Victim:

8. There are three victims to your offending. The first is a 69 year old female of Vaivase-Uta. In her VIR, she speaks of the significant impact of your burglary and theft on her, and the damage you caused to her screen wire, doors and locks.
9. The second victim is a 32 year old female and her family. She and her husband say that their family were overseas when you committed your offending. They say their home and belongings were trashed and they speak of the significant impact your burglary and theft has had on their family and their sense of security not only for themselves, but more so for the safety of their children. They particularly fear for the safety of their young children.
10. The third victim is the Kokobanana Restaurant. The representative for the Kokobanana Restaurant says that no money has been repaid nor an apology made.

Aggravating Features of the Offending:

11. The aggravating features of your offending is as follows:
    • (i) The prevalence of this offending in Samoa;
    • (ii) There is a degree of premeditation;
    • (iii) The significant value of the goods stolen together with multiple offending;
    • (iv) Two burglaries were of the victim’s homes and the impact of your offending has had on the second victim and her family in particular; and
      • (v) When you committed the third burglary and theft at Kokobanana Resutaurant, you were on bail for the two earlier matters and before the Alcohol and Drugs Court program.
12. In terms of mitigating factors of the offending, there are none.
13. There are also no aggravating factors personal to you as an offender as you are a first offender.

Mitigating Features Personal to the Offender:

14. The mitigating features I take into account in respect of you personally in sentencing are as follows:
    • (a) Your relative youth;
    • (b) Although there are no references, your aunty Mua speaks of your good character. I’ll extend to you a discount for prior good character and remorse for what you have stated in court;
    • (c) I’ve also decided to extend a deduction for your personal circumstances and leniency. You have come from a broken home with, it seems, little support, supervision and guidance from your parents for some years. Your mother addressed the court, acknowledged her failures and asked for leniency. Your father didn’t bother to turn up to court to support you; and
    • (d) Your early guilty pleas.

Discussion:

15. Utumea, burglaries and thefts is almost always committed by young men like you. Young men like you make burglary and theft one of the most prevalent offences in Samoa today. Burglary and theft is a crime that has a significant impact on victims. This can be seen for example in the Victim Impact Report of the second victim and her husband that was read to you. They describe how you and Samu had trashed their home and belongings and it is clear from their VIR how heartbreaking it was for them to return to their home trashed and the fear for their safety and that of their children your actions caused them.
16. When you appeared before the Supreme Court after the first two burglaries and thefts, the Judge gave you a 16 months’ imprisonment sentence indication. You however then given the opportunity to address the causes of your offending and avoid jail when you referred to the Alcohol and Drugs Court. Instead, only two days after, you broke into the Kokobanana Restaurant. When you broke into the Kokobanana restaurant, you had been drinking in breach of your bail condition not to consume alcohol. You also broke the curfew that you be home between 7.30pm and 6.00am daily and not to re-offend. You did not play your part to change your ways and breached the bail conditions imposed on you just 2 days earlier. In sentencing you today, it is to therefore denounce your conduct, promote in you a sense of responsibility for your offending and to deter you and others from this and other similar types of offending.
17. Prosecution seeks a start point of 3 ½ years’ imprisonment. Having regard to the authorities and to Police v Tausagafou [2023] WSSC 27 (12 May 2023) which has some similarities to this case but more serious aggravating circumstances, I accept the start point recommended by prosecution. From that start point, I deduct 9 months for your youth; 3 months for your prior good character and the recovery of some of the items stolen; 3 months for remorse; for your personal circumstances, I deduct 3 months; and from the balance, 6 months for your early guilty plea leaving an end sentence of 1 year 6 months or 18 months imprisonment.
18. Before I conclude with sentencing, there is a famous proverb relevant to your circumstances believed to originate from Africa: that says that “It takes a village to raise a child”. This means that the responsibility of bringing up a child rests not only on the parents but all those adults around a child. In Samoa, key pillars of fa’a Samoa is the church, the village and the family.
19. Too often, judges see young men appear before the courts completely alone with not a soul to support them. In your case, although a sister and aunt came to a sentencing day, it was striking that neither of your parents were present. This is all too common and speaks volumes about what has happened in your life Utumea. I am however pleased to see that you have the support of a number of family members today. However, if the cycle of young men being imprisoned is to turn around, it will take the “village” to steer that child in the right direction: from the parents, to the broader family, to the village and church leaders. Where a child or young person begins to stray like what has happened to you, it is critical for parents, family members, church and village leaders to see the problem and then to constructively supervise, guide and mentor that “child”. The “village” in this sense draws on the strength of our community based on our church, our village and our family. With the collective support of the broader “village”, many young men might be spared from a life of imprisonment. When your imprisonment term is completed Utumea, I encourage you to call on your “village” to support you and hopefully, the courts will not see you again.
20. I wish to say to you that today is a sad day for the court. This is the day that the court had wished to avoid by sending you to the Alcohol and Drugs Court and to programs- because I understand it is a difficult day for not only you and your family. But it is serious offending and it is one that is condemned by the courts.

Result

21. You are accordingly convicted and sentenced as follows less the time you have been remanded in custody:
    • (a) burglary charge #1 in the Charging Document dated 19/02/2024 of Kokobanana Restaurant on the 14^th December 2023, 18 months’ imprisonment on a totality basis;
    • (b) theft charge #2 in the Charging Document dated 06/11/2023 from Vaivase-Uta of Jaydin Meredith, 12 months’ imprisonment, concurrent;
    • (c) all remaining burglary charges, 9 months’ imprisonment; and
    • (d) all remaining theft charges, 6 months imprisonment, concurrent.
      

JUSTICE CLARKE