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Police v Laumoli [2015] WSSC 125 (28 April 2015)

THE SUPREME COURT OF SAMOA
Police v Laumoli [2015] WSSC 125

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

ELENESI LAUMOLI,
male of Vaivase-uta
Defendant

Counsel:
F Lagaaia for Prosecution
Defendant appears in Person

Sentence: 28 April 2015

ORAL SENTENCE OF JUSTICE E M AITKEN

1. You are before the Court, having pleaded guilty to one charge of intentional damage back on 9 March this year when you damaged the concrete bricks, valued at $1,000 being the property of your uncle. You have been very frank and candid in your acknowledgment of your offending. You explained it to the Police and Probation by simply observing that there had been some damage done to your taxi and you were stewing on that and really lashed out in anger and damaged your uncle’s bricks.
2. You have now apologised to him – the Probation have not been able to speak to your uncle but I accept that you have done that and that the apology has been accepted and you have reached an agreement to pay for the damage caused.
3. You are 25 years old; you have no previous convictions in this country or in New Zealand and I am inclined to agree with your mother who described this as ‘out of character’ offending – certainly in the absence of any convictions or any other factors, it does seem to me that this is what I am calling ‘one off’ offence, a rather spontaneous response to the irritation that you were feeling.
4. You have significant responsibilities here to your family, which you are meeting through your full-time employment, and in the circumstances I intend to adopt the recommendation of the Probation Officer.
5. A conviction is entered but you are sentenced now to come up if called upon by the Court within the next 12 months, and what that means is that there are no other consequences of your offending other than a conviction which, in itself, is a consequence but that there will be what is the suspended sentence. Now this will hang over your head for the next 12 months – what it means is if you do not commit any further offences then this will be the end of the matter. If, however, you were to come back before the Court for any offence and in particular, offences involving violence or damage then the Court could sentence you on this matter also. I do not hang it over your head to add to the stress of your everyday life but simply to remind you that this behaviour is unacceptable.

Thank you, you may stand down.

_____________________
JUSTICE E M AITKEN