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Police v Sakalaka [2019] WSSC 64 (16 August 2019)

SUPREME COURT OF SAMOA
Police v Sakalaka [2019] WSSC 64

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

LEUMA SAKALAKA male of Vaitele-Fou & Faleaseela Lefaga.
Accused

Counsel: Q Sauaga for Prosecution

Accused self-re-presented

Decision: 16 August 2019

ORAL SENTENCE

The Charges:

[1] Leuma, you appear for sentence on one charge of burglary that on the 28 December 2018 at Vaitele, you unlawfully entered the property of Ierome Luteru.

The Offending:

[2] According to the Amended Summary of Facts accepted by you this morning, on the 28th December 2018 at around 5am at Vaitele-Fou, you climbed over the fence and entered the victim’s enclosed yard without authority and approached the victim’s house. The victim roused from her sleep hearing sounds of your actions outside. She went to her sons’ room for assistance. Her two sons rushed outside of the house and turned on the light and went in pursuit of you. On the road, the victim’s son came across you. When you saw, then you then fled and hid in the bushes. The victim’s family then reported the matter to police.

Background of the Accused:

[3] You are a 26 year old male of Vaitele-Fou and Faleseela Lefaga. You are said to have been employed by the Ah Liki Wholesale. According to your earlier Pre-Sentence Report, you are unmarried and have no children. You were raised by your paternal parents in Vaimoso and are the 4th of 7 children. You stopped going to school in year 5. When you were 16 years of age, you began street selling. You have confirmed your lengthy Prior Conviction Record for similar offending starting in 2009 when you were approximately 16 years old and where you were convicted and sentenced to 9 months imprisonment on 7 counts of burglary and theft. You continue to commit burglaries and thefts and were sentenced in 2009, 2010, 2012, 2013, 2014 and 2018 for these offences. You also confirmed that on the 2nd August, you were again sentenced to 3 years and 6 months imprisonment for burglary and theft.

The Victim:

[4] The victim is a 61 year old female of Vaitele-Fou and is a public servant. In her Victim Impact Report, she describes that they feel unsafe in their home given the burglary and they feel it difficult to leave home because of the threat of the burglary to their home. You also have not returned to apologize.

Aggravating Features of the Offending:

[5] The following are the aggravating features of your offending:

1. A significant aggravating feature of your offending is that you were under a supervision sentence imposed by the Alcohol and Drugs Court on burglary and theft, imposed on you on the 21st August 2018 when you committed this offending 4 months later in December; and

b) Your offending was clearly pre-meditated.

[6] In terms of the mitigating factors to your offending, there are none.

Aggravating Features personal to the Offender:

[7] In terms of the aggravating features personal to you, I take into account your lengthy history of similar offending. In this context, I also take into account that you had completed the Alcohol and Drugs Court program.

Mitigating Factors personal to the Offender:

[8] The only mitigating feature is your guilty plea entered on the hearing date.

[9] I do not accept that you are remorseful.

Discussion:

[10] Leuma, you have been before the Court on so many occasions for this same offending. You know it is highly prevalent offence in Samoa and the prevalence is due to people like you who continue to burgle peoples’ homes and properties. In 2018, you were given a chance by the Alcohol and Drugs Court to deal with your offending. That was an effort to try and rehabilitate you so that you do no re-offend. There is also a certificate of completion from the Ministry of Justice and Courts Administration on August 2018 saying that you successfully completed the ADC which includes spiritual counselling and what is called The Wheel of Change and because of your completion of that program, you were given a non-custodial sentence by the Court. That program and the cost of that program to the Samoan tax payer was a waste as was the opportunity given to you. From that program, you should have started your life afresh and moved away from a life of crime - you have not done so. That choice has been yours and until you decide to change your life, you will continue to come before the Court and you will continue to be imprisoned.

[11] Burglary and theft are so prevalent that a deterrent sentence is called for your circumstances given that you are a repeat offender and that you have committed this offending whilst under a supervision term imposed by the ADC and you had completed the ADC program. There is a need to protect the public from you.

[12] Prosecution seeks a start point of 3 years imprisonment with an uplift of 1 year for your prior convictions. All the authorities with the exception of one referred to by prosecution involved a non-custodial sentence. I however accept that a custodial sentence is warranted because you committed this offending whilst you were under a supervision term for a similar offending. After completing the ADC programs, I also accept what prosecution had said if the victim had not woken, you would no doubt have entered her house.

Result:

[13] Leuma, I accept and I adopt a 9 months start for sentencing. I uplift that by 3 months for your prior convictions. I then deduct 2 months for your guilty plea leaving an end sentence of 10 months imprisonment. Accordingly, you are convicted and sentenced to 10 months imprisonment.

[Addendum: This sentence is cumulative to the Accused’s current prison term]

JUSTICE CLARKE