Police v L.A [2015] WSYC 7 (12 November 2015)

IN THE YOUTH COURT OF SAMOA
Police v L.A [2015] WSYC 7

Case name:	Police v L.A
Citation:	[2015] WSYC 7
Decision date:	12 November 2015
Parties:	Police (prosecution) and L.A a.k.a N.A, male of Vaoala & Aele (young offender)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Youth Court of Samoa, Mulinuu
Judge(s):	Tafaoimalo Leilani Tuala-Warren
On appeal from:
Order:	You are convicted and sentenced under section 16(e) Young Offenders Act to two (2) years supervision for each set of offending with special conditions; i) Complete 150 hours of community work; and ii) Do not go near any of the victims’ homes. This sentence of supervision is to be served concurrently.
Representation:	Brigitta Lo Tam-Fa’afiti for the Prosecution Young Offender Unrepresented
Catchwords:	theft – burglary – intentional damage – two separate burglaries by defendant – young offender -
Words and phrases:
Legislation cited:	Crimes Act 2013 ss 174, 33, 161, 165(b), 184(2)(a)
	Young Offenders Act 2007 ss 11-13, 16(f)
Cases cited:	Police v Aniseko Vailei [6 November 2014]
Summary of decision:

IN THE YOUTH COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

L.A a.k.a N.A, male of Vaoala & Aele
Young Offender

Counsel:
Brigitta Lo Tam-Fa’afiti for the Prosecution
Young Offender Unrepresented

Decision: 12 November 2015

SENTENCE BY DCJ TUALA-WARREN

The charges:

1. L.A, you are being sentenced today on 5 charges as follows, 2 theft charges, 2 burglary charges and one charge of intentional damage. These charges result from two separate incidents:
   1. On 22 May 2015, you together with an adult offender committed theft (D2286/15) and took property belonging to Jacob Full, by entering his dwelling house (Burglary D2284/15).
   2. (ii) On 27 August 2015, you intentionally damaged window wire (Intentional damage D60/15), entered the home Tusitina Nuuvali (Burglary D59/15) and took her property (Theft: YCT62/15).
2. You pleaded guilty to all 5 charges on 14 and 24 September 2015 in the Youth Court as you are 16 years old.
3. The maximum penalty for burglary pursuant to ss 174 and 33 of the Crimes Act 2013(CA) is 10 years imprisonment. Theft carries a maximum penalty of 7 years imprisonment (CA ss 161 and 165(b)) and intentional damage carries a maximum penalty of 7 years imprisonment (s 184(2)(a) CA).

Facts:

4. On Friday 22 May 2015, sometime between 9.00pm and 10.00pm you together with an adult associate went to the victim Jacob Full’s home. Your adult associate used a knife that he had on him to open the door of the victim’s house. No one was home. You entered the home and took property to the value of SAT$5,524.00. Property included stereo, laptop, iPad, phone, alcohol bottles, jewellery and shoes. Only some of this property has been recovered.
5. On 27 August 2015, some time prior to 6.00pm, you went to the victim Tusitina Nuuvali’s house which was unoccupied at the time. You used a hammer which you found there to remove window wire on the window and climbed in through the window. You then took property to the value of NZD$500 and SAT$2103.00. The property included electronics (speaker, phones, iPad, flash drives, alcohol, clothes and shoes). You hid the property. You drank the alcohol with your friends. Most of this property has been recovered.

The victims:

6. There are two victims of your offending, Jacob Full (53 years old) and Tusitina Nuuvali (37 years old).
7. There was only one Victim Impact Report for Tusitina Nuuvali. Jacob Full did not want to attend. He communicated his continual disappointment and anger at you.
8. After your actions, the victim Tusitina Nuuvali says that she can no longer leave her children alone with the babysitter at home because she fears for their safety.
9. You are second cousins with Tusitina Nuuvali, a fact which she has found hard to fathom. You are a member of her family and your actions hurt her deeply.
10. She says in the Victim Impact Report that the property you took was very valuable. Her alcohol bottles were special as she had collected those as souvenirs from destinations around the world.

Pre-Sentence Report:

11. You and your mother were present at the pre-sentence meeting as well as the victim and her husband. Prior to this meeting you and your mother had already been to see the victim and apologised.
12. The report says that you apologised again to the victim during the meeting and she has accepted your apology. She says that she is both sad and embarrassed that a member of her family has done this to her.
13. You stopped going to school in 2014. Your mother stopped you from going as you used to just hang around town and not go to school. You started working as a carpenter for Patele Viki at the beginning of 2015. You are still working as a carpenter and you earn $120 per week.
14. Your mother says that you are reliable and contribute to looking after the family. She is supportive of you and has asked the Court to be lenient in its sentence of you.

Legal Principles:

15. I take into account in sentencing you the Young Offenders Act 2007 (YOA) and the Convention on the Rights of the Child (CRC).

Young Offenders Act 2007 (YOA) & Convention on the Rights of the Child(CRC):

16. My treatment of you is guided by YOA. I will only impose imprisonment if there is no reasonable alternative for you (s 16(f)).
17. The pre-sentence meeting under ss11-13 YOA when a young person acknowledges committing an offence, is to discuss the circumstances of offending and seek the views of those in attendance. The outcome of the meeting shall have regard to, inter alia, the rehabilitation of the young person (s 13(f))
18. This particular principle is in line with CRC and the desirability of rehabilitating young offenders so that they become constructive members of society.

The Young Offender:

19. I do not find any mitigating features of your offending.
20. You offended twice, on two separate occasions, affecting two victims. You offended the first time with an adult. The second time when you offended it was by yourself and you demonstrated your confidence to offend by yourself and pre-meditation on your part.
21. The value of the property taken on both occasions was significant (SAT$5524.00, SAT$2103.00 and NZD$500). Some of the valuable property has not been recovered.
22. You stole from a family member, your second cousin. This is a grave breach of trust and the victim’s disappointment and hurt is evident in the victim impact report. Your actions have affected her sense of security and safety.
23. For both victims, your invasion of their homes has no doubt destroyed the sanctity of their homes. Their disappointment, anger and fears stem from your offending.
24. This is your first time in Court. That fact is neutral given your age.
25. The following are mitigating factors personal to you.
26. Your age of 16 years is a significant mitigating factor.
27. You apologised to victim Tusitina Nuuvali prior to the pre-sentence meeting and then again at the meeting.
28. You are still employed as a carpenter, which indicates that you are working towards a better future for yourself.
29. Your guilty plea to the charges at the earliest opportunity is to your credit as it indicates that you take responsibility for your actions.

Sentencing:

30. Probation has recommended a sentence of community work under s 15 YOA. However section 15 essentially creates an opportunity for a discharge without conviction if a young offender obeys certain conditions within six months. I do not find that a section 15 sentence is appropriate for you.
31. Prosecution has recommended that you be convicted and sentenced to at least 10 months imprisonment. They submit that the case of Police v Aniseko Vailei (6 November 2014) is comparable as to the facts, and in that case the Court imposed a sentence of 10 months imprisonment. However, in that case, the young offender was not a first offender and he had on a previous occasion been given a chance to rehabilitate which he did not use. Imprisonment was imposed in that case because the Court had exhausted all other reasonable alternatives.
32. There is a reasonable alternative for you which will hold you accountable for your actions and deter you from committing further offences of a similar nature. I do not find that a sentence of imprisonment is appropriate for you at this point.
33. However, the Court is of the opinion that a conviction is required in the interest of justice. You committed two offences. While the first offence can be put down to being led astray by an adult associate, the second offence committed by you alone, shows confidence and some planning on your part. A conviction will hold you accountable for your actions and act as a deterrent.
34. You are convicted and sentenced under section 16(e) Young Offenders Act to two (2) years supervision for each set of offending with special conditions;
    1. Complete 150 hours of community work; and
    2. Do not go near any of the victims’ homes.
35. This sentence of supervision is to be served concurrently.
    

.....................................................
Judge Tafaoimalo Leilani Tuala-Warren