Police v Lolesio [2024] WSSC 54 (16 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Lolesio [2024] WSSC 54 (16 July 2024)

Case name:	Police v Lolesio
Citation:	[2024] WSSC 54
Decision date:	16 July 2024
Parties:	POLICE (Informant) v JAMES LOLESIO a.k.a. KIEMI LOLESIO male of Levi Saleimoa and Lotofaga Aleipata (Defendant).
Hearing date(s):
File number(s):	Charge 1, 2, 3 & 4 per charging document dated 5 February 2024.
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	You are convicted of all four charges and sentenced to 12 months supervision with conditions that: (i) You complete 80 hours of community work; and (ii) Attend an anger management programme as directed by the Probation Service.
Representation:	T. Fesili and J. Leung-Wai for Prosecution Defendant in person.
Catchwords:	Endangering transport Intentional damage Throwing stone 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

Informant

AND:

JAMES LOLESIO a.k.a. KIEMI LOLESIO
male of Levi Saleimoa and Lotofaga Aleipata.

Defendant

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

Sentence: 16 July 2024

SENTENCE

1. You are being sentenced this afternoon on four charges to which you pleaded guilty on the 15th April 2024. The first is endangering transport with a maximum penalty of 14 years imprisonment. The second is intentional damage, the maximum penalty for which is 7 years imprisonment. The third is being armed with a dangerous weapon, the maximum penalty is 1 year imprisonment. The fourth charge is throwing stones with a maximum penalty of 1 year imprisonment.
2. On the 26th October 2023 at Afega, the victim who is the current Member of Parliament for Sagaga No.2 drove inland to inspect excavation work being carried out on land where people from Levi and Leauvaa reside. He came across two individuals observing the work, one was yourself, you were filming and recording what was being done on the land. He stopped and spoke to you before he continued to drive inland. Shortly after he left, you picked up stones and threw them at the vehicle causing damage to its right side. The damage is estimated to value at $4,700.
3. The summary says that the victim shouted at you to stop but you did not. He continued inland where he managed to inspect the damage to his vehicle, and a person who was with you earlier told him it was you who threw the stones. He reported the incident to police, they took you in and interviewed on the 16th January 2024.
4. In the presentence report you say you were recording a video of all that had been damaged of the land that your family had occupied at Levi. The victim then approached in his vehicle and told you to stop. He threatened to shoot you if you did not comply. You felt intimidated and angry, you reached for stones and threw them at the vehicle whilst your cousin fled.
5. I consider as an aggravating feature of your offending the impact, namely the damage to the vehicle worth a significant $4,700.
6. In mitigation of penalty I consider the following.
   • (i) In the absence of anything from prosecution to the contrary, I accept there was an element of provocation on the part of the victim when he told you to stop. I also consider that he made threatening remarks;
   • (ii) your guilty pleas and reconciliation confirmed by the documents before me and your father Lolesio this afternoon in court;
   • (iii) your personal circumstances. You are 18 years of age and ended your formal education at Year 11 level. You are currently employed as a bus assistant and I have read the references from Deacon Sanitoa Tapusoa and the women representative of Levi Saleimoa. You are a first offender.
7. I accept you were provoked by what you claim the victim had said to you. But the consequences and charges could have been much more serious had any person sustained injuries. There are many cases where throwing stones have caused serious injuries and even death to victims. You are very lucky that the only damage was to the vehicle.
8. Prosecution recommend a non-custodial sentence of supervision. I accept that is the appropriate penalty. It should deter you and other youths from immediately resorting to throwing stones in response to similar situations and allow you the opportunity for rehabilitation given your age. You must know however that if you come back for similar offending, the court will not exercise the same leniency.
9. You are convicted of all four charges and sentenced to 12 months supervision with conditions that:
   • (i) You complete 80 hours of community work; and
   • (ii) Attend an anger management programme as directed by the Probation Service.

JUSTICE ROMA