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Police v Samuelu [2016] WSSC 42 (1 April 2016)

IN THE SUPREME COURT OF SAMOA
Police v Tui SAMUELU [2016] WSSC 42

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TUI SAMUELU, male of Tafaigata & Vailoa Faleata
Defendant

Counsel:
Ms L Sio for the Prosecution
Defendant in Person

Sentence: 01 April 2016

SENTENCING OF JUSTICE TUATAGALOA

1. You are to be sentenced on the following offending:
   • Burglary: maximum 10 years’ imprisonment;
   • Theft: maximum 7 years’ imprisonment;
   • Escape: maximum 2 years’ imprisonment.
2. On 6 May 2015 you escaped from Tafaigata Prison where you are currently serving imprisonment terms.
3. On 7 May 2015 at night you broke into the house of Lealiiee Rudy Ott at Palisi and stole properties to the total value of $5,000.
4. You have a long list of offending dating back to 2013. You are currently serving imprisonment terms for similar offences of burglary/theft and escape. I don’t think any imprisonment term long or short will have any impact or effect on you. You are what some people will call a professional criminal; this is the only life you know. Committing crimes is an addiction that you cannot live without. You are a danger to society. To keep society safe from criminals like you imprisonment term is the only measure to be imposed.
5. You are convicted and sentenced as follows:
   • Burglary: starting point two years; uplift of six months for previous offending of similar nature. The only mitigating feature is your early guilty plea which earns you a 1/3 discount. This leaves 20 months or one year & eight months.
   • Theft: starting point of 12 months; uplift of six months for previous offending; less 1/3 discount for early guilty plea. This leaves 12 months or one year.
   • Escape: You are sentenced to four months’ imprisonment.
6. You are to serve the above sentences as follows with the burglary as the leading offence:
   • The 12 months imprisonment for theft is to be served concurrent with the burglary term of 20 months.
   • The four months imprisonment term is cumulative to the 20 months term for burglary.

_________________________
JUSTICE TUATAGALOA