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Police v Tuaina [2014] WSSC 182 (10 October 2014)

IN THE SUPREME COURT OF SAMOA
Police v Tuaina [2014] WSSC 182

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FALEFATU TUAINA male Lufilufi.
First Defendant

AND:

FINEASO FAASAVALU male Papa Sataua and Samata-uta.
Second Defendant

Counsel: L Sio and Ms Tavita for prosecution
Defendants unrepresented

Hearing: 10 October 2014

Decision: 10 October 2014

ORAL JUDGMENT OF NELSON J

1. The defendants are charged with breaking and entering the house of Vui Faatali at Fasito’o-uta on 22 April this year. And stealing therefrom $5,000 USD locked in a strong box in the bedroom of the house.
2. Defendants have admitted to breaking and entering the house but have denied taking $5,000 USD. They say they only took $340 USD, Falefatu took $180 and gave Fineaso $160. It appears that the lead offender in this matter was Falefatu.
3. The complainant and his wife accordingly were called by police to give evidence this morning. Both were firm that the amount stolen was $5,000 American. They said the money was kept in a strong box in the bedroom in a plastic bag and it was in various denominations ranging from single dollars to twenties to fifties to hundreds. The thickness of the plastic bag was demonstrated by the witness Vui Faatali to be two to three inches. How the couple can be so certain that the amount was exactly $5,000 US and not $4,999 or $5,001 is not clear. As no record was kept by them after they last counted it two weeks before the theft. But it is apparent from their evidence that it was a significant sum. I accept that it ran into the thousands of US dollars. And their evidence that it was close to if not exactly $5,000 US, a substantial sum by any measure.
4. Also produced into evidence by consent of the defendants were their cautioned statements given to the police. Significantly there is no mention in Falefatu’s statement that they only took $340USD. If that was indeed what happened I am sure he would have told that to the police. Because they were being accused of stealing $5,000US a much greater sum.
5. What is contained in Falefatu’s cautioned statement is that he did not notice the amount or stop to count it. Like any respectable thief he was in a hurry to steal it and get out before being discovered. He kept most of the money and only gave his co-offender a small portion.
6. Gentlemen I reject your denials. I am satisfied on the evidence the amount stolen was close to if not $5,000 American as claimed by the couple. I find the charge proven beyond reasonable doubt with the addition of the word “approximately” to the charge so that the charge reads the defendants “did steal approximately $5,000 American dollars.”
7. The defendants will be remanded in custody until the 03^rd of November for sentence and probation reports.
   

JUSTICE NELSON