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Police v Sakalaka [2014] WSSC 104 (29 September 2014)

IN THE SUPREME COURT OF SAMOA
Police v Sakalaka [2014] WSSC 104

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

LEUMA SAKALAKA male of Vaitele-fou and Faleaseela Lefaga.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 29 September 2014

SENTENCE

1. The defendant appears for sentence on a charge of burglary which carries a 10 year maximum penalty. The defendant is a veteran offender with many previous convictions for burglary. He is a 21 year old male of Falese’ela and Vaitele-fou while the complainant is a 38 year old male of Kagoshima Japan, currently working in Samoa and staying at Ululoloa.
2. The police summary of facts admitted by the defendant says that on Wednesday, 23 July this year, the complainant locked his house at Ululoloa and left for work. Around 12:30 p.m. that day the defendant entered the complainants compound and went towards the complainants house. He broke open the padlock of the front door and went in to the house. The lady living next door to the complainants house heard her dogs barking and when she investigated she saw the defendant entering the complainants house. She called out to him but the defendant did not respond and walked away. She continued calling to him so he climbed the complainants fence and ran away but she was able to identify the defendant as the perpetrator. She called the police and they eventually tracked the defendant down.

3. While the defendant has many convictions for burglary, I accept what he has told the court that nothing was taken from the complainants house. Even though nothing was taken he still committed a burglary which he well knows is a serious offence. He should know that with his record, every time he does this he will be sent back to prison, no question. I do not accept what you tell me Leuga that this is your last time because you probably have told the court that many times before.
4. O tuli sou faasalaga i le taimi nei? (Defendant said no). Ua e magalo? (Defendant said yes). Ae lea sa e nofo taofia e faatalitali i le mataupu le nei, e sao? (Defendant said yes).
5. In respect of this matter, the defendant will receive the following penalty: he will be convicted and sentenced to 2 years in prison; that is uplifted to 3 years for his bad record but I am going to deduct 1 year from that 3 years for your guilty plea Leuga which brings it back down to 2 years. The reason why you are getting a 1 year deduction is because it would be expensive to bring this Japanese gentleman back next year for trial.
6. You will accordingly be convicted and sentenced to 2 years in prison but remand in custody time is to be deducted.

JUSTICE NELSON