IN THE SUPREME COURT OF SAMOA
Police v Pereira [2014] WSSC 178

Case name: 	Police v Pereira	
		
Citation: 	[2014] WSSC 178	
		
Decision date: 	06 October 2014	
		
Parties: 	POLICE (Prosecution)
MIKAELE PEREIRA male of Moataa and Tapatapao (First Defendant) TULAGAESE also known as PASEFIKA SIO male of Moataa (Second Defendant).	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	On the charge of burglary you will be convicted and sentenced to 9 months in prison.  

On the charge of theft as a servant likewise convicted and sentenced to 9 months in prison.  Terms to be served concurrent.  Remand in custody time to be deducted.  

In respect of the theft charge that is a duplicate charge, that is dismissed.  

Representation: 	O Tagaloa and L Tavita for prosecution
Defendants unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

MIKAELE PEREIRA male of Moataa and Tapatapao.

Defendant

AND:

TULAGAESE also known as PASEFIKA SIO male of Moataa.

Second Defendant

Counsel:	O Tagaloa and L Tavita for prosecution
Defendants unrepresented

Sentence:	06 October 2014

SENTENCE
1.	The two defendants appear for sentence on one joint charge of burglary.  Tulagaese one count of theft as a servant, Mikaele one count of burglary and one count of theft.  They have pleaded guilty to the charges.  The police summary of facts which the defendants have admitted states that Tulagaese is 33 years of age from Moataa and Mikaele is 24 years of age also of that village.  The complainant is Punjas Samoa Limited and both of them were employed by that company at the relevant time.  Tulagaese on a permanent basis and Mikaele on a temporary basis.  
2.	On Tuesday, 29 June 2014 at about 8:00 pm the two of them went to the company premises.  They saw that the premises were being guarded by a security guard.  So they returned home.  But when they checked out the premises the following day 30th of June it was not guarded.  At about 1:00 pm the defendant Mikaele removed two windows from a window at the back of the company building and climbed into the premises.  He removed the set of keys from the office.  He also removed four cartons of Oxford corn beef or pusa pisupo and stacked them near the gate.  And then went outside and called out to Tulagaese who was standing outside the gate.  He gave Tulagaese the keys to unlock the gate and a taxi was called.  When the taxi arrived he reversed his vehicle into the company compound and the four pusa pisupo were put inside the taxi.  The total value of the four cartons is $1,287.48.  
3.	The summary says that Mika then got into the taxi and took the pisupo to Moatoga in Fugalei where he sold it.  He used the money to pay the taxi and later shared some of the money with Tulagaese.  The owner of the company found out about the theft reported it to the police and the defendants were eventually tracked down and charged.  
4.	Charges to which they have pleaded guilty.  Tulagaese is a first offender but Mikaele has relevant previous convictions.  Both burglary and theft as a servant are serious offences and are very common these days.  Which means that the normal result is a prison term for this sort of offending.  I will deal firstly with you Mikaele.
5.	Your record indicates Mikaele that in 2007 you were convicted of burglary and theft in the District Court.  And in 2010 convicted of theft by the Faamasino Fesoasoani Court.  On both occasions the courts did not send you to prison.  You were given a chance.  You have now reoffended Mikaele by stealing from a company you used to work for.  There is only one penalty now available for your mater Mikaele.  
6.	Burglary and theft carry 10 year maximum penalties.  But I take into account the quantity of the goods stolen, there is only four pusa pisupo.  And the manner of the offending.  But I note from the summary of facts that you took the major role in this theft.  You removed the windows, climbed into the office, carried out the pusa pisupo Tulagaese seems to have been your look out.  
7.	In respect of this matter a 12 month term of imprisonment is appropriate given the circumstances.  But I will reduce that to 9 months to take into account your guilty plea.  On the charge of burglary you will be convicted and sentenced to 9 months in prison.  On the charge of theft as a servant likewise convicted and sentenced to 9 months in prison.  Terms to be served concurrent.  Remand in custody time to be deducted.  In respect of the theft charge that is a duplicate charge, that is dismissed.  
8.	Tulagaese as stated the summary of facts shows that you played a lesser role in this theft, lesser than your co-defendant.  You also have a clean record and a reasonable probation report.  My advice to you is to stay away from people like Mikaele.  You keep hanging around people like that you will end up in the same place.  
9.	Ona o tualga na ma le tulaga lea ua e ioe i le solitulafono ua sefe ai le taimi a le fa’amasinoga Tulagaese e mafai ona tuu atu le avanoa mo oe i le asō i le mataupu lenei.  Ae a e toe faia se mea fa’apea e le toe iai se avanoa e mafai ona tuu atu e le tulafono i lau susuga.  Ua manino ia tulaga? (Defendant said yes).  E mafai ona totogi se sala tupe? (Defendant said no).  O lea ou te faitau atu i le ripoti a le Ofisa Fa’anofo Va’ava’aia e leai sau galuega.  O le a le mea na e a’afia ai lou aao?(….).  A’o ga e lelei leisi lima a? (Defendant said yes).  Aua pau leisi auala e mafai ona fai i lau mataupu o le tu’u atu o oe i lalo o le Ofisa Fa’anofo Va’ava’aia e tuli ni ou itula faigaluega i lalo o latou polokalame.  
10.	Ona o tualga ia Tulagaese o lea o le a tuu atu oe i lalo o le polokalame a le Ofisa Fa’anofo Va’ava’aia mo le 6 masina.  I totonu o le 6 masina e tatau ona tuli ou itula faigaluega e 100.  100 itula faigaluega e tuli mo moliaga uma ia e fa’asaga i lau susuga. Le alii ofisa lea e alala mai e tatau ona fai se lua tala ae te le’i tuua le potu fa’amasino e uiga i aso ma taimi e tatau ona e sau ai e tuli ou itula faigaluega ia.  Ua e malamalama? (Defendant said yes).  E iai foi latou polokalame e tatau ona e auai iai, usita’i iai.  O lena e taumafai mo se mea lelei mo Tulagaese ae le o se mea lelei mo seisi tagata.

JUSTICE NELSON