Home | Databases | WorldLII | Search | Feedback Supreme Court of Samoa

Police v Fuelafo [2016] WSSC 73 (2 May 2016)

SUPREME COURT OF SAMOA
Police v Fuelafo [2016] WSSC 73

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

SAFUE a.k.a FUELAFO FUELAFO, male of Lalovaea
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Sentence: 02 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Fuelafo, you are appearing for sentence on the following charges that you have pleaded guilty to:
   • Aggravated burglary: maximum 14 years’ imprisonment;
   • Theft under ss. 161 & 165(d) Crimes Act 2013: maximum of 12 months' imprisonment.
2. You are related to the victim, who is a 68 year old female of Alafua. You were at the time living in a shack or faleoo behind the victim’s house on the same land. You have confirmed the summary of facts as read out which is:
   • On Sunday 03 January 2016 the victim had gone to visit family at Salani, Falealili when you used a knife to pick the lock on the door to gain access in to the house. You stole a 12oz corned beef and one litre rum, both properties with a total value of $28.00.
3. You are a first offender and only 22 years' old. I will place more emphasis on your age than your first offender status as I would have on someone twice your age. You are a young adult. You live behind the victim’s house so you knew about her movements and would have a fairly good idea when she is not at home. The pre-sentence report says you have not apologised to the complainant because you are scared of her. You have pleaded guilty to the charges and that is owning up and taking responsibility for your actions. You were obviously hungry and thirsty as the only two things you stole was a tin of corned beef and alcohol. These things have been recovered.
4. In light of the circumstances of your offending, a non-custodial will be more appropriate. You are convicted and sentenced as follows:
   • Aggravated burglary: convicted and six months’ suspended sentence;
   • Theft: convicted and two months’ suspended sentence.
5. Both sentences are to be concurrent.
   

JUSTICE TUATAGALOA