Police v Stowers [2024] WSSC 34 (29 May 2024)

IN THE SUPREME COURT OF SAMOA
Police v Stowers [2024] WSSC 34 (29 May 2024)

Case name:	Police v Stowers
Citation:	[2024] WSSC 34
Decision date:	29 May 2024
Parties:	POLICE (Informant) v JOSEPH AFA STOWERS, male of Faleapuna (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	SUPREME – Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	Accordingly, on both charges, you are convicted and sentenced to 18 months supervision on the following conditions: You are to carry out 150 hours of community work; You are prohibited from consuming alcohol for 18 months; You are to attend the Salvation Army individual therapy sessions as arranged by the Probation Service; and You are to attend community support program as you may be directed by the probation service as identified in the Salvation Army report.
Representation:	J Leung Wai for Prosecution Accused self-represented
Catchwords:	Burglary – theft – previous convictions (offending of similar nature).
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

Informant

A N D:

JOSEPH AFA STOWERS, male of Faleapuna.

Accused

Counsel: J Leung Wai for Prosecution

Accused self-represented

Submissions: 28 May 2024
Sentence: 29 May 2024

ORAL SENTENCE

The Charges:

1. Joseph, you appear for sentence on one charge of burglary and one charge of theft. You entered guilty pleas to the charges at the earliest opportunity.

The Offending:

2. According to the Prosecution Summary of Facts which you have accepted, it was on the 26 April 2023 at Faleapuna that the incident occurred. The victim had left his house for work. The victim’s house is like and open fale and has some walls but the house lock was faulty. At around 2pm that afternoon you went in to the victim’s house without his authority. While inside the house, you stole items to a total value of $1,390.00. The victim only discovered that some of the belongings were missing when he returned home the following day.

Background of the Accused:

3. You are 19 year old male of Faleapuna. According to your Pre-Sentence Report you are the youngest of 7 children. You completed to year 8 and then began doing chores for your family. You later work for Taro King and Pate Hirage.
4. You have prior convictions for burglary and theft entered in August 2022 where you were placed under the supervision of the Probation Service for 16 months. That was for two instances of burglary and theft at Faleapuna. You were sentenced for both of these burglaries and thefts on 12 August 2022. Even though you were under the supervision for 16 months, you then committed this burglary and theft in April 2023 while under the supervision.

The Victim:

5. The victim of your offending is a 32 year old male of Faleapuna. A Victim Impact Report was given by the victim’s mother which states that no apology has been extended.

Aggravating Features of the Offending:

6. The aggravating features of your offending are:
   • (i) The extraordinary of prevalence of burglaries and thefts in Samoa;
   • (ii) It was the burglary of a home; and
   • (iii) You committed this offending whilst on the supervision of probation service for your earlier sentence for burglary and theft.

Aggravating Features in respect of the Offender:

7. Aggravating in respect of you as an offender is your prior convictions for similar offending.

Mitigating Features Personal to the Offender:

8. The mitigating features personal to you are:
   • (a) Your remorse;
   • (b) Your youth; and
   • (c) Guilty plea.

Discussion:

9. Joseph, as judges have said for years, burglaries and thefts is a highly prevalent offence in Samoa. Generally, it is committed by young men such as yourself. It is prevalent because not only do young men like you think it’s a good idea to burgle and steal from people’s homes, but in your case, having already been sentenced for this same offending, you still think it’s a good idea to burgle and steal from another person’s home.
10. When you burgle from a person’s home, it can have a significant impact on victims and their sense of security. For many in Samoa now, burglaries are a fact of life that they must actively guard against. Often, this is at great expense. This is because of people like you. It is for that reason that in cases such as yours when you re-appear, a custodial sentence is almost always imposed.
11. In your matter, that is a sentence I had intended to impose. However, a very positive character reference from your employer, Poutoa’s Mart, where you began working after this offending has led me to consider whether you might be turning your life around. Your employer describes you as very honest, trustworthy and reliable. When you appeared before me on the 27 March, you also asked for an opportunity to attend the Salvation Army Program. You have done that successfully completed the program, although the Salvation Army says that your alcohol use behavior has shown limited improvement. It is alcohol that lead you into trouble.
12. After giving very careful consideration to your matter and in particular the most recent report from probation service following discussions with your employer, I have decided to impose a non-custodial sentence. I impose a non-custodial sentence on the basis that you have a steady job where you are well regarded, you are 19 years old and young and you have successfully completed the Salvation Army Program. The Salvation Army also says that there is continued support to assist you. In my view, there are reasonable prospects for your rehabilitation and which would reduce the likelihood of you re-offending in the future. You should however understand this is likely to be your last chance to turn your life around. Should you come back for similar offending, you should come ready to go to Tanumalala Prison.
13. Though a non-custodial sentence will be imposed, it will incorporate a deterrent component though the carrying out of community work together with supervision and programs for your continued support.

Result:

14. Accordingly, on both charges, you are convicted and sentenced to 18 months supervision on the following conditions:
    • (i) You are to carry out 150 hours of community work;
    • (ii) You are prohibited from consuming alcohol for 18 months;
    • (iii) You are to attend the Salvation Army individual therapy sessions as arranged by the Probation Service; and
    • (iv) You are to attend community support program as you may be directed by the probation service as identified in the Salvation Army report.
15. Joseph, no one wants to see you go to prison. That is now something entirely in your hands. I hope that the effort that the Salvation Army, Probation Service and others put in to support you to turn your life around is not wasted. It is important you make the most of it because if you don’t and you continue to burgle and steal, you know where you will end up.

JUSTICE CLARKE