Police v Faaee [2025] WSSC 75 (9 July 2025)

IN SUPREME COURT OF SAMOA
Police v Faaee [2025] WSSC 75 (9 July 2025)

Case name:	Police v Faaee
Citation:	[2025] WSSC 75
Decision date:	09 July 2025
Parties:	POLICE (Informant) v PEKINA FAAEE AKA PENINA FAAEE TOLEAFOA female of Lotofaga Aleipata & Patamea Savaii (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court, CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Prosecution recommends a non – custodial sentence. I agree, the defendant is convicted and to come up for sentence in 10 months’ time should she re -offend.
Representation:	Office of the Attorney General for Prosecution Defendant appears in Person
Catchwords:	Burglary, theft, first offender, pleaded guilty, non-custodial sentence
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:

PEKINA FAAEE aka PENINA FAAEE TOLEAFOA, female of Lotofaga Aleipata & Patamea Savaii.

Defendant

Counsel: Office of the Attorney General for Prosecution
Defendant appears in Person

Sentence: 09 July 2025

ORAL SENTENCE OF TUATAGALOA J

1. The defendant has pleaded guilty to three (3) charges of:
   • Burglary (x2): Only managed to get on to the balcony of the 2^nd storey using 44 gallon.
   • Theft (x1): Again used 44 gallon to climb up on to the balcony opened the back door to gain entrance into the 2^nd storey and removed a clothes dryer valued at $1235.00.
   • The defendant sold the Panasonic dryer online for $450.00.
2. Complainants are friends of the defendant’s parents; parents live on the ground floor of a two – storey building home. The complainants locked upstairs when they are not in the country.
3. The complainants live overseas and they live upstairs of their home when they are in the country.
4. The Defendant was living elsewhere but later moved in with the parents and it was during this time that the defendant committed the offending as follows:
   • On 15^th of April, the defendant managed to get on to the balcony of the second storey by using a 44 – gallon.
   • On 22 April the defendant again used the 44 – gallon to get on to the balcony of the second storey and then gained entrance into the house through the back door and removed a Panasonic 8 kg Dryer valued at $1235.00. The defendant sold the dryer on makeki online for $450.00 and used the money.
5. The defendant is a first offender and pleaded guilty. The defendant tried to apologize but the complainants refused.
6. Prosecution recommends a non – custodial sentence. I agree, the defendant is convicted and to come up for sentence in 10 months’ time should she re -offend.
   

JUSTICE LEUTELE MATA TUATAGALOA