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Police v Laufiso [2018] WSSC 94 (28 August 2018)

SUPREME COURT OF SAMOA
Police v Laufiso [2018] WSSC 94

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

FALEUSUIA LOLESIO LAUFISO male of Tuanaimato.
Prosecution

Counsel: L Sua-Mailo for prosecution
Accused in person

Sentence: 28 August 2018

S E N T E N C E

The charges

1. The accused Faleusuia Lolesio Laufiso appears 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 of the Act, which carries a maximum penalty of 7 years imprisonment pursuant to s.165 (b). To both charges, he pleaded guilty at the earliest opportunity.

The offending

2. According to the prosecution amended summary of facts, on Saturday night 10 February 2018 at around 11pm, the accused and his co-accused hanged out with the husband of one of their cousins at their cousin’s house at Tuanaimato. They then planned to burgle the victim’s bar at Tuanaimato to get alcohol to drink. However, their cousin’s husband was stopped by his wife. The accused and his co-accused then left the house and went with two bags to the victim’s bar. When they arrived at the bar, they checked whether the security guards were awake. They found the security guards sleeping. They then used a piece of iron bar and hammer to open the door to the victim’s bar and went in.
3. The accused and his co-accused then stole nine bottles of liquor, twelve cans of sausages, five large cans of peanuts, ten small cans of peanuts, three crates of small Vailima pure, two dozens of large Vailima pure, and nine bottles of wine. The total value of the stolen properties is $1,560. The accused told the probation service that he had already been drinking alcohol alone before he met up with his co-accused and committed these offences.
4. The accused pleaded guilty to the charges at the earliest opportunity but he denied having stolen some of the properties listed in the prosecution summary of facts. In consequence, this matter was set down for a disputed summary of facts hearing. Subsequently, the prosecution filed an amended summary of facts which omits the stolen properties denied by the accused. The co-accused, on the other hand, was transferred to the Youth Court because of his young age, namely, 15 years.

The accused

5. As shown from the pre-sentence report, the accused is 22 years old. He is single and currently stays at home to take care of his maternal grandparents. He is the eldest of his parents four children.
6. The pre-sentence report also shows that in 2006 when the accused was 10 years old, his family went to the Netherlands where his father is employed as a security guard for the United Nations. He went to school in the Netherlands and later enrolled in a cooking course for a year before he returned to Samoa in 2016 to look after his maternal grandparents. In the same year, he enrolled in the National University of Samoa where he obtained a certificate in cooking and a certificate in tourism and hospitality. He was later employed as a chef in this aunty’s café for some time but he now stays home looking after his grandparents.
7. The accused’s aunty told the probation service that the accused is a supportive, reliable, and responsible member of their family and he regularly accompanies his grandfather to the hospital for his fortnightly medical check-ups. The catechist of the accused’s church and the pulenu’u of his village have also provided good character testimonials for the accused. The accused is a first offender.

Impact of offending on the victim

8. The victim told the probation service that he owes several distributors for most of the alcohol that was stolen from his bar and up to now he is still paying for them.

The aggravating features relating to the offending

9. The aggravating features of this offending are as follows:
   • (a) high level of premeditation and planning,
   • (b) total value of the stolen properties, and
   • (c) impact of the offending on the victim.

The mitigating features relating to the accused as offender

10. The mitigating features relating to the accused as offender are as follows:
    • (a) previous good character, and
    • (b) early guilty plea

Discussion

11. Having regard to the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided not to impose a custodial sentence but to give the accused a second chance to redeem himself. But I must warn the accused that if he reoffends in the future, then he runs the real risk of going to prison. So it is in his own interests not to reoffend.

Result

12. The accused is convicted of both burglary and theft and sentenced to 9 months supervision and ordered to perform 80 hours community service. He is also ordered to attend the Toe Afua Se Taeao Fou psycho-education programme of the Alcohol and Drugs Court as alcohol was involved in this offending.

Stand down.

CHIEF JUSTICE