Police v Uilisone [2024] WSSC 32 (24 May 2024)

IN THE SUPREME COURT OF SAMOA
Police v Uilisone & Anor [2024] WSSC 32 (24 May 2024)

Case name:	Police v Uilisone & Anor
Citation:	[2024] WSSC 32
Decision date:	24 May 2024
Parties:	POLICE (Informant) vs LIAGA UILISONE male of Siumu, Afiamalu and Magiagi, & LAFAELE AITOFELE KALATI SMITH male of Palisi, Lalovaea and Safotu (Defendants)
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:	Liaga, you are accordingly convicted and sentenced as follows: Charge of burglary 2023-03903 #1 – 2 that on the 25 November 2023, burgled Setefano Lilo Leavasa Store, 2 years and 9 months’ imprisonment on a totality basis; Remaining 2 burglary charges, 18 months’ imprisonment concurrent; Theft charge 2023-03903 #3 – 4 from Setefano Lilo Leavasa Store of goods valued at $4,112; 21 months’ imprisonment concurrent; The remaining 2 charges of theft, 12 months’ imprisonment concurrent. This sentence of 2 years 9 months’ imprisonment is cumulative to your current term of imprisonment. Tofele, you are convicted and sentenced as follows less time remanded in custody: Burglary on the 9 September 2022 of the dwelling of Grady Gatoloai S1429/22, 2 years imprisonment on a totality basis; The remaining burglary and theft charges, 18 months’ imprisonment each charge concurrent.
Representation:	MT Fesili for Prosecution Accused’s self-represented
Catchwords:	Burglary – theft – previous conviction, offending of similar nature – occurred multiple times – custodial sentences.
Words and phrases:
Legislation cited:
Cases cited:	Police v Siale Tunu, unreported (18/01/2019) Police v Sau [2020] WSSC 44 (14 August 2020) Police v Maka [2023] WSSC 78.
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

LIAGA UILISONE, male of Siumu, Afiamalu and Magiagi,
LAFAELE AITOFELE KALATI SMITH, male of Palisi, Lalovaea and Safotu.

Accuseds

Counsels: MT Fesili for Prosecution
Accuseds – self-represented

Sentence: 24 May 2024

SENTENCE

The Charges:

1. Liaga and Tofele, you both appear for sentence on charges of burglary and theft following guilty pleas.

The Offending:

2. According to the Prosecution Summary of Facts accepted by you both, the first incident which involved you Liaga was on the 29 May 2022. You went to the Alena Store at Faatoia. You climbed through a window, punched a hole through the pepa simā to enter the main store then stole cigarettes, alcohol and a hat worth $1,025.00 in total. You pleaded guilty to those charges but then failed to appear for sentence on the 19^th August 2022.
3. The second burglary and theft involving you Tofele, was on the 9^th December 2022. You went to the victim’s home at Vailima between 9am and 11am. You tore the screen wire, removed the louvers and entered the victim’s home. You then stole a .22 calibre rifle, an iPhone 14 and a flash light. The total value of the goods stolen by you was $7,950.00. The victim’s son is a good friend of yours Tofele. You pleaded guilty to the charges but then you also failed to appear for sentencing on 7 March 2023.
4. The third burglary and theft by you both together with Don Peni was at a home at Malololelei on the 25 November 2023. The three of you made a plan to burgle this home. At around 10pm on the Monday night, the three of you went to the home when no one was there. The three of you then entered the house through a window and stole various items worth $1,175.00.
5. The fourth burglary was committed after you burgled the Malololelei house. You Liaga and Don burgled this store located at Afiamalu on the 23 November 2023. From there, you Liaga stole $4,112.00 worth of goods. A number of goods stolen by you were recovered by Police.

Background of the Accused:

6. Liaga, you are a 23 year old male of Fugalei. According to your Pre-Sentence Report, you are an only child. You completed school to year 9. You have held various jobs. You have three children. You confirmed your prior conviction record for theft in 2019 and burglary and theft in 2020, when you were imprisoned for 8 months. You are also presently serving an imprisonment term for what you told the Court is for marijuana.
7. Tofele, according to your Pre-Sentence Report you are 24 years of age and grew up in Lalovaea. You completed school to year 12. You have held various jobs including one at a store which paid well at $300 per week. You have three children. The Probation Service could not however locate your family for interview.

The Victim:

8. The victim of your first burglary and theft in 2022 at Faatoia Liaga is a 26 year old male of China, Vaitele and Faatoia. There is no Victim Impact Report for this victim.
9. The first victim from your offending Tofele from the second burglary and theft is a 48 year old male of Vailima. He says no apology has been extended and much of what was stolen could not be used again. The .22 caliber rifle however was recovered by Police, though damaged.
10. The third victim from your burglary and theft at Malololelei says that many people are now affected by burglaries and thefts. She says no apology has been extended. There appears also to be no Victim Impact Report on the court file for the fourth victim.

Aggravating Features of the Offending:

11. The aggravating features of your offending are as follows:
    • (i) The number of burglaries and thefts committed: 3 by you Liaga and 2 by you Tofele;
    • (ii) The value of the goods stolen. You Liaga were involved in the theft of $6,312.00 worth of goods and you Tofele $9,125.00;
    • (iii) I treat as aggravating the fact that you Tofele stole a firearm .22 rifle. This is a dangerous weapon and one for which a license is required;
    • (iv) A number of the burgled properties were homes and the burglary at Malololelei was premeditated;
    • (v) You both committed burglaries while in breach of bail; and
    • (vi) The high prevalence of burglary and theft in the community.
12. Liaga, personally aggravating for you is your prior convictions for similar offending.
13. In terms of the mitigating features of the offending, there are none.

Mitigating Features Personal to the Offender:

14. In terms of the mitigating features personal to you I take into account the following:
    • (a) For you Tofele, although I suspect your stated remorse is more for yourself and your predicament at Tanumalala Prison, I will extend to you a deduction for remorse though it will not be the full deduction;
    • (b) Tofele, although there are also no references, you also appear to have held steady jobs, good employment and have no prior convictions. I will extend to you a nominal deduction for prior good character and as an extension of leniency;
    • (c) For you both, early guilty pleas.
15. Liaga, I do not at all accept you are genuinely remorseful. Your only remorse is for yourself and finding yourself at Tanumalala Prison.

Discussion:

16. As I told you both, burglary and theft is very prevalent in Samoa. The community is tired of young men such as yourselves breaking into their homes and businesses and stealing from them. Burglary and theft is common in Samoa because of young men like you both, but particularly you Liaga. You have been imprisoned for burglary and theft yet you continue to burgle and steal. You both appeared in court for burglary and theft for these burglaries, were granted bail, but then went and burgled again.
17. The sentence I impose today will be a deterrent sentence to deter you both and others like you from committing this type of offending, and also to denounce your conduct. After your release from prison, I hope that you change your ways. Only you can make those changes. And you should both be very clear, if you continue to commit burglaries and steal, you will be sent to prison. And you will waste your lives in there.
18. Now I turn to sentence. Liaga, you committed 3 burglaries including of a home, the total value of goods stolen was $6,312.00. When you committed 2 of the burglaries, you were in breach of bail and had failed to appear for earlier sentencing. Having regard to the authorities cited to me together with cases such as Police v Siale Tunu, unreported (18/01/2019) and Police v Sau [2020] WSSC 44 (14 August 2020), the appropriate start point for sentence is 3 years imprisonment. I uplift that by 9 months for your prior convictions. From that, I deduct 1 year for your early guilty plea leaving an end sentence of 2 years and 9 months imprisonment.
19. For you Tofele, you committed 2 burglaries and the total amount involved was $9,125.00. the second burglary was committed after you had been granted bail. I have had regard to the authorities earlier cited together with cases such as Police v Maka [2023] WSSC 78. I adopt a 3 years 3 months sentence start point. From that, I deduct 3 months for your prior good character and 3 months for your remorse. For your early guilty plea, I deduct 9 months leaving an end sentence of 2 years imprisonment.

Result:

20. Liaga, you are accordingly convicted and sentenced as follows:
    • (i) Charge of burglary 2023-03903 #1 – 2 that on the 25 November 2023, burgled Setefano Lilo Leavasa Store, 2 years and 9 months imprisonment on a totality basis;
    • (ii) Remaining 2 burglary charges, 18 months’ imprisonment concurrent;
    • (iii) Theft charge 2023-03903 #3 – 4 from Setefano Lilo Leavasa Store of goods valued at $4,112; 21 months imprisonment concurrent;
    • (iv) The remaining 2 charges of theft, 12 months’ imprisonment concurrent.
21. This sentence of 2 years 9 months imprisonment is cumulative to your current term of imprisonment.
22. Tofele, you are convicted and sentenced as follows less time remanded in custody:
    • (i) Burglary on the 9 September 2022 of the dwelling of Grady Gatoloai S1429/22, 2 years imprisonment on a totality basis;
    • (ii) The remaining burglary and theft charges, 18 months’ imprisonment each charge concurrent.
23. As I have told you, the charge of burglary and theft is very serious. It is so prevalent in Samoa that the community is very tired of having their homes and their businesses burgled and then being stolen from. In your case, you both learned no lesson from having being brought before the court and charged yet, you went out again and burgled more property. You must understand that if you continue to do that when you are released from prison, you will go back to prison. And it will be a complete and utter waste of both your lives. You both have 3 children each, you should focus when you come out of prison on looking after your children and your families. I sincerely hope that when you are released from prison, you both change your ways.

JUSTICE CLARKE