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Police v Lameko [2019] WSSC 96 (9 May 2019)

SUPREME COURT OF SAMOA
Police v Lameko [2019] WSSC 96

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

PEAU LAMEKO male of Falelatai (Samatau) and Moataa (Tuavao).
Defendant

Counsel:
Q Sauaga and L Faasii for prosecution
Defendant in person

Sentence: 09 May 2019

S E N T E N C E

1. The defendant is a 20-year-old male of Magiagi who appears to be embarking on a career of breaking and entering into peoples home. Peau you appear for sentence on four counts of burglary and theft occurring on 08 January, 09 January, 10 January and 05 March 2019. You are also a drop-out from the Alcohol and Drug Court Rehabilitation Program which leads me to believe Peau you have issues with alcohol. That is something that you need to address if you want to stay out of jail in the future.
2. The police summary of facts which the defendant has admitted states in relation to the first offending S250/19 on Tuesday, 08^th of January 2019, at the time the defendant was residing at his cousins house at Vaigaga and he broke into a neighbouring house. The offending occurred at 2:00am in the morning of 08^th of January while the victim a 45-year-old female of Vaigaga was asleep with her family in the house. The defendant was carrying a screwdriver and a kitchen knife. He used the screwdriver to open the screws attached to the back door, then used the kitchen knife to remove the timber which screws were attached to so that he could take off the whole back door without any noise. Defendant entered the house, went into the victims bedroom and removed from her handbag $400 in cash. In addition, on his way out he took one large packet of Pall Mall valued at $13.50 making the total value of the stolen item $413.50.
3. Second information is S251/19 and the particulars from the Police Summary of Facts is on 09 January 2019, you did the same thing at the same house at about 3:00am in the morning. This time you stole a bottle of Jim Beam, a bottle of Fireball and a bottle of Samoan Whiskey, total value of these items $464.00.
4. The third charge S254/19 says that on the night after that Thursday 10 January 2019 again in the early hours of the morning you went into the same house, took some shirts, chocolates, some chips, total value of $180.00.
5. This burglary spree was only discovered when you sold the three bottles of alcohol you stole to a nearby store resulting in police inquiries leading to your arrest by the police. And on the 18^th of February 2019 you entered guilty pleas to these three charges.
6. While awaiting sentence on those matters you engaged in a further burglary and theft. This time you were living at Moataa with a relative. This occurred on the 05^th of March 2019 when again in the early hours of the morning you burgled the house next door to where you were staying. Again the family who owned the house were asleep in the house at the time. This time you removed some louvers from one of the windows and entered the window. You took from that house a mobile phone, a gold necklace and $250.00 in cash. Total value of the stolen items according to the Police summary of facts which you have also admitted is $1,325.00. Police inquiries led back to you and you were arrested for that burglary and theft. This time you were remanded in custody to await sentence today.
7. Burglary and theft Peau are serious crimes. For your information at law they carry maximum penalties of 10 and 7 years imprisonment respectively. Where a burglar commits a burglary while armed with a potential weapon, the crime becomes aggravated burglary and then carries a higher maximum of 14 years imprisonment.
8. In the first three burglaries you carried out you were armed with a screwdriver and a knife. This sort of offending is not only concerning but also very prevalent in our community especially in the urban area of Apia. As a result, the court routinely imposes penalties of imprisonment in appropriate cases Peau. No question such a penalty is required for your case given the seriousness of your offending and the number of times you did this plus the fact that the latest incident was carried out while you were awaiting sentence on the earlier charges. That show a complete disregard of the law and a failure to appreciate the gravity of your behaviour.
9. Strong penalty is required as a general deterrent to other young men like you and as a personal deterrence to you, to show you the consequences of your actions and to convey to you the message that if you keep doing this then the penalty will likely be the same and maybe even heavier than what I am going to give you today. Penalty also holds you accountable for your conduct. And shows that the community will not tolerate or accept this kind of behaviour. Part of the penalty is also designed to help you rehabilitate and reintegrate. I advise you to use it wisely.
10. I note that in this case your offending involves what they call home invasion offenses which is where burglaries are committed while occupants of the premises are asleep in their beds. This aggravates your offending.
11. Considering all factors on the three aggravated burglary charges I adopt the start point of 2 years in prison. From that you are entitled by law to certain deductions. Firstly at the time you started doing these things you had a clean record. And the pre-sentence report refers to a record of service to your family. I will deduct 6 months from the start point of sentence for that. Leaves 18 months.
12. You are a young man, there is a possibility that you can be rehabilitated that qualifies you for another deduction of 3 months, leaves 15 months.
13. For your guilty plea as a final deduction you are entitled to deduction for that because your guilty plea saves the Courts time as well as the Police and everybody. For that I will deduct 6 months, leaves 9 months in prison.
14. On the charges of aggravated burglary, you will be convicted and sentenced to 9 months in prison, remand in custody time to be deducted.
15. On the theft charges there no evidence any properties were recovered. On those charges convicted and sentenced to 6 months in prison concurrent term.
16. On the last charge of burglary and theft you will be convicted and sentenced to 2 years supervision. That is to commence after you serve your prison term. Special conditions of that sentence is you must firstly attend Salvation Army Rehabilitation or other similar program as directed by the Probation Office. Second condition is no alcohol of any kind for the period of your 2 years supervision, that means alcohol of any kind including home brew. And thirdly that you will report at least twice a week for the first 6 months of that 2 years, after that then as directed by the Probation Office. Finally you will obey all other Probation Office instructions and conditions. Ua e malamalama i le faaiuga o lau mataupu Peau? (Defendant indicated he understood).
17. O lena e lei taitai lou olaga. O la’u fautuaga ia oe tuli lou faasalaga ona amata loa lea ona agai i luma ou mafaufauga ma lou olaga. Aua a leai o le iuga lava lea e oo ia oe, o le tulai i mataupu faapenei, toe foi i Tafaigata. E pule lava oe, e leai seisi o matou e mafai ona faamalosia oe pe suia lou mafaufau. O lou lumanai manuia o lou olaga o loo i lou lava aao. O polokalame ia e te alu e te auai ai, o ni polokalame e taumafai e fesoasoani atu ia oe i le tulaga lea o le taumafa i le ava malosi. O le mea lenei o le ava malosi e faigofie. A mafai ona inu ma pulea lou mafaufau, e leai se afaina. Ae a faapea e te inu ona e alu loa lea fai mea valea faapea e sili na tuu, e le aoga mo oe. E lelei le ava Samoa e le falepuipui ai seisi, ae tuu le ava palagi, ua e malamalama? (Defendant said yes). Ia o oe lava, pei ona ou fai atu o lou lumanai o loo i ou lima. Ae a e toe tulai i ni mataupu faapenei, lea ua uma ona ta’u atu le tulaga e te oo iai.

JUSTICE NELSON