Police v Kopa [2024] WSSC 33 (30 May 2024)

IN THE SUPREME COURT OF SAMOA
Police v Kopa [2024] WSSC 33 (30 May 2024)

Case name:	Police v Kopa
Citation:	[2024] WSSC 33
Decision date:	30 May 2024
Parties:	POLICE (Informant) v MANI KOPA male of Ululoloa and Fatuvalu (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:	On all charges, you are convicted and sentenced to 6 months supervision and ordered to carry out 100 hours of community work. You are a qualified plumber. Probation Service is urged to utilize your skills to assist charitable organizations and other bodies that may benefit from this community service.
Representation:	MT Fesili for Prosecution LQ Sauaga for the Accused
Catchwords:	Burglary – intentional damage – armed with a dangerous weapon.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

MANI KOPA, male of Ululoloa and Fatuvalu.

Defendant

Counsel: MT Fesili for Prosecution
LQ Sauaga for the Accused

Sentence: 30 May 2024

ORAL SENTENCE

The Charges:

1. Mani, you appear for sentence on charges of burglary, intentional damage and armed with a dangerous weapon.

The Offending:

2. According to the Prosecution Summary of Facts which you have accepted through your counsel, on the 10 February this year at around 5pm, you decided to go drinking at the RSA bar.
3. You told the Probation Service that your drink of choice that evening was the taula povi. Shortly after around 7pm you left the RSA bar and walked towards the National Bank building. There, police who were patrolling the area stopped you because you appeared drunk. Police then took you to a taxi and then told you to go home. You left the NBS building in the taxi and went towards the NPF Plaza. There, you stopped the cab and got out. You went to the back of the Frankies Supermarket at the NPF Plaza and armed yourself with a block of cement. You then threw the glass door. You then reached through the broken glass door and tried to open the door from the inside. Police officers in the area saw what you were doing and told you to stop. You took your hand out of the store and then walked towards the police officers where you were then arrested.
4. You told the Probation Service you have no recollection of these events and your first memory was waking up in the police cells.

Background of the Accused:

5. You are 25 year old male of Ululoloa and Fatuvalu Savaii. You were brought up under the care of your parents. You are the eldest of 6 children. You completed high school and went on to the Australia Pacific Technical College. You studied plumbing and are now a qualified plumber working at the Samoa Water Authority. You are single with no children, and you also have no prior convictions.

The Victim:

6. The victim of your offending Frankie Supermarket says in their Victim Impact Report that no apology or restitution has been paid for the damage you caused.

Aggravating Features of the Offending:

7. The aggravating features of your offending are:
   • (i) The value of the damage caused; and
   • (ii) The prevalence of burglary in Samoa;
8. There are no mitigating features of your offending. There are also no aggravating features in respect of you as an offender.

Mitigating Features Personal to the Offender:

9. The mitigating factors personal to you that I take into account are:
   • (a) Remorse which you have expressed today;
   • (b) Your prior good character which is reflected in the Pre-Sentence Report;
   • (c) Completion of the Salvation Army Program; and
   • (d) Guilty plea.

Discussion:

10. Mani, what you did on the night of the 10 February this year can only be described as gross stupidity. You had been seen by police in a drunk state in town and warned by police to go home. Police even went to the trouble of putting you in a taxi for that purpose but instead, you decided to stay in town and go throw a rock through the Frankie’s supermarket window and burgle the store. Fortunately for you, you were quickly apprehended by police who saw what you were doing and stopped you.
11. If you had gone into that store and do what was probably on your mind, today’s outcome would be quite different for you. You are very fortunate that the police were there that evening.
12. While I accept you were grossly drunk, that is no excuse for your behaviour. If every drunk were to burgle and damage property, our court rooms would be full. Although your sister describes you as a person of good caliber, she says that when you are drunk, you can behave obscenely.
13. Although you also say you accept responsibility for your behaviour and the harm you have done, that is not entirely true. You have not apologized nor have you repaid Frankie’s store for the damage you caused. That is still something you should do after today.
14. It is clear Mani that when you drink alcohol to the state of drunkenness, you become obscene. It is then important for you to change your life and your drinking habits. You are therefore to be congratulated for completing the Salvation Army Program. I urge you to continue to learn to control your drinking. If you return to drinking sessions after work with your friends and drink until you are drunk, there will be a strong likelihood you will come back before the courts and next time, you might end up at Tanumalala. That would be a huge waste of a very talented young man such as yourself.

Result

15. On all charges, you are convicted and sentenced to 6 months supervision and ordered to carry out 100 hours of community work.
16. You are a qualified plumber. Probation Service is urged to utilize your skills to assist charitable organizations and other bodies that may benefit from this community service.

JUSTICE CLARKE