Police v Atonio [2024] WSSC 53 (16 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Atonio [2024] WSSC 53 (16 July 2024)

Case name:	Police v Atonio
Citation:	[2024] WSSC 53
Decision date:	16 July 2024
Parties:	POLICE (Informant) v ANESI ATONIO male of Magiagi (Defendant)
Hearing date(s):
File number(s):	Charge 1 & 2 per charging document dated 22 April 2024.
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	(i) On the three burglary charges between February and March 2023, you are convicted of each and sentenced to two and a half years imprisonment; (ii) On the three corresponding theft charges between February and March 2023, you are convicted of each and sentenced to 16 months imprisonment. The sentences for those six charges will be served concurrently; (iii) On the burglary charge from the fourth incident in March 2024, you are convicted and sentenced to 16 months imprisonment; (iv) On the corresponding theft charge in March 2024, you are convicted and sentenced to 12 months imprisonment. The sentences for those two charges will be served concurrently but cumulatively to the sentence on the six charges in 2023 – which means you will first serve two and a half years imprisonment for the charges in 2023, followed by 16 months’ imprisonment for the charges in February 2024. Time that you have spent in custody to be deducted.
Representation:	T. Fesili and J. Leung-Wai for Prosecution Defendant in person.
Catchwords:	Burglary and Theft.
Words and phrases:
Legislation cited:
	Crimes Act 2013, ss. 33; 161; 165(b) & 174.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

ANESI ATONIO male of Magiagi

Defendant

Counsel: T. Fesili and J. Leung-Wai for Prosecution

Defendant in person

Sentence: 16 July 2024

SENTENCE

1. You appear this afternoon for sentence on eight charges. There are four charges of burglary each with a maximum penalty of ten years imprisonment; and four of theft each with a maximum penalty of seven years imprisonment. The charges arise out of four separate incidents between February 2023 and March 2024. The record shows that to the six charges arising from the first three incidents, you entered guilty pleas on the 11th July 2023.
2. For some reason those matters remained outstanding until you were brought back for a fourth incident that occurred in March 2024. You pleaded guilty to the two charges from that fourth incident on the 27th May 2024. The court then ordered that all charges be consolidated and determined together.
3. The first offending occurred in February 2023 at Vaivase tai. You climbed the complainant’s fence with a co accused, proceeded to the house that was unattended, tore the screens and forced entry into the house. You stole a 40 inch TV, a chainsaw, a microwave, sewing machine, two mattresses and two bicycles, the total value of all items is $7,000. Police managed to recover both bicycles and mattresses.
4. A month later on 16th March 2023 the second incident occurred. Again, with a co-defendant, you went onto the Samoa College premises at Vaivase tai. You damaged the locks to the computer lab and stole therefrom nine Lenovo laptops each valued at $1,999. The following morning, the teachers discovered the items missing and reported the break in to police. The total value of all laptops is $17,991.
5. Three days later on the 19th March 2023, the third incident occurred. On this occasion, you attacked Magiagi Primary School premises and stole an Epson projector valued at $2,450. The projector was recovered by police during the investigation.
6. Months later you were caught, charged and pleaded guilty to six charges from those three incidents. But pending sentence you continued, with the fourth incident occurring almost a year later on the 24th March 2024. In the early hours that morning, you and a co accused went to the victim’s house at Toomatagi whilst the victim and her family were asleep. The house was locked but it did not stop you from forcing the back door open. Whilst inside you stole a black IPhone 7 Plus, a Bluetooth speaker and cigarettes the total value being $2,615.20. You then took the vehicle keys from inside the house, you unlocked the victim’s two vehicles outside and rummaged through for items, leaving the doors open when you left the property.
7. The aggravating factors are:
   • (i) this was multiple offending occurring on four separate occasions;
   • (ii) it involved the invasion of private homes and breaking into and stealing from public schools;
   • (iii) the value of the stolen items is significant in each of the four incidents, the total being $30,056.20;
   • (iv) from the record, you reoffended whilst the sentence on similar charges was pending;
   • (v) the impact of your offending - it involved damage to property, loss of property, and a consequent disruption to the victim schools programmes caused by the loss of a significant number of equipment;
   • (vi) the prevalence of burglary and theft.
8. In mitigation of penalty I consider your guilty pleas and personal circumstances. You are 23 years of age and have had a low level of education. You have not been convicted previously of a criminal offence, though you reoffended whilst sentence on previous similar matters was pending.
9. The court has repeatedly remarked of the prevalence of this type of offending, that almost every day now it has to sentence offenders who break into homes and businesses and steal from the public. In more and more cases, the offenders do not stop after one or two incidents but continue to commit this criminal behaviour until caught. Yours is one such case and the court as it has in similar cases must impose a long deterrent sentence of imprisonment given the aggravating features and prevalence of the offending.
10. Prosecution recommend a start point between four and five years. I have considered each case cited in their sentencing memorandum.
11. On the three burglary charges that occurred between February and March 2023, I adopt four years as the appropriate start point. I make these deductions. For your personal circumstances including your age, your then first offender status, I deduct six months. For some of the items recovered by police I deduct three months. I make a final deduction of nine months for your guilty pleas to the charges. The end sentence on the three burglary charges between February and March 2023 is 2 years and 6 months’ imprisonment.
12. Separately I will impose sentence for the offences arising from the fourth incident in March 2024.
13. The sentences you will serve are as follows:
    • (i) On the three burglary charges between February and March 2023, you are convicted of each and sentenced to two and a half years imprisonment;
    • (ii) On the three corresponding theft charges between February and March 2023, you are convicted of each and sentenced to 16 months imprisonment. The sentences for those six charges will be served concurrently;
    • (iii) On the burglary charge from the fourth incident in March 2024, you are convicted and sentenced to 16 months imprisonment;
    • (iv) On the corresponding theft charge in March 2024, you are convicted and sentenced to 12 months imprisonment. The sentences for those two charges will be served concurrently but cumulatively to the sentence on the six charges in 2023 – which means you will first serve two and a half years imprisonment for the charges in 2023, followed by 16 months’ imprisonment for the charges in February 2024. Time that you have spent in custody to be deducted.

JUSTICE ROMA