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Police v Semo [2018] WSSC 19 (20 February 2018)

SUPREME COURT OF SAMOA
Police v Semo [2018] WSSC 19

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

FOTU SEMO male of Leone.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 20 February 2018

S E N T E N C E

The charges

1. Fotu Semo, you appear for sentence on one charge of burglary, contrary to s.174 of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment, and one charge of theft, contrary to s.161, which carries a maximum penalty of 7 years imprisonment pursuant to s.165 (b). You pleaded guilty to both charges at the earliest opportunity.

The offending

2. As shown from the prosecution summary of facts which you both accepted, on 22 December 2017 you went to the complainant’s house at Motootua after the complainant had left for work and entered through the front door which was not locked. You then stole three mobile phones, items of clothing, some Chinese money equivalent to $155.88, and $80 in Samoan currency. The total value of the stolen properties including the money is $832.88.

The accused

3. You are 34 years old, single, but have two children. You are no stranger to the Court environment. You have a long and very bad criminal record going back to 2002. You have numerous previous convictions for burglary, theft, and escape. Previous attempts in 2002 to rehabilitate you through terms of probation imposed by the Court did not work. You were also released on parole in 2003 but that did not work either. You continued to reoffend. So when you apologised to the Court for your present offending and sought another chance to redeem yourself, I am not able to believe that you are truly remorseful. The community needs to be protected from the type of people like you.

The aggravating features relating to the offending

4. The aggravating features relating to this offending are home invasion and the total value of the properties stolen.

The aggravating features relating to the accused as offender

5. Your numerous previous convictions particularly those for burglary and theft are an aggravating feature relating to you as offender.

The mitigating features relating to the accused as offender

6. Your early guilty plea is the only mitigating feature relating to you as offender.

Discussion

7. Having regard to the aggravating features relating to this offending and the need for protection of the community from people like yourself, I will take 12 months as the starting point for sentence. I will add on 12 months for your previous convictions. That increases the starting point to 2 years. I will then deduct 25% or 6 months for your early guilty plea. That leaves 18 months.

Result

8. You are convicted and sentenced on each of the two charges against you to 18 months imprisonment. Both sentences to be concurrent.
9. Anytime you have already spent in custody pending the outcome of this matter is to be deducted from that sentence.
10. Stand down.

CHIEF JUSTICE