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Police v Milo [2022] WSSC 47 (7 September 2022)

IN THE SUPREME COURT OF SAMOA
Police v Milo [2022] WSSC 47 (07 September 2022)

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

CHRISTOPHER MILO male of Lalovaea, Puipaa & Vaitele

Defendant

Counsel: T. Sasagi for Prosecution

Defendant appears in Person

Date: 07 September 2022

O R A L S E N T E N C E

1. The defendant appears for sentence on one count of burglary^[1] where the maximum penalty is 10 years’ imprisonment; and one count of theft^[2] with a maximum penalty of 7 years’ imprisonment.
2. The defendant is a 36 year old male of Lalovaea, Puipaa and Vaitele.
3. The defendant broke into the Apaula Heights Stay Inn Accommodation owned by Jennifer Papalii and stole furniture ranging from electronics, beds, a washing machine, plates etc. to a total value of SAT$25,250. He then tried to off sell the property via Makeki Online. According to the summary of facts provided by the Prosecution, the defendant was a tenant in one of the units downstairs at same accommodation. The unit he broke into is upstairs and was not rented out at the time. The owners of the rental place immediately reported the matter to the police when they discovered the vacant unit had been broken into and most of the furnishing had been stolen.
4. The defendant entered a guilty plea.
5. According to the pre-sentence report, the phone number provided to Probation Services by the defendant was invalid. Probation attended Vaitele-Fou where the defendant was said to reside but no one knew of the defendant nor his family indicating the defendant was lying.
6. Aggravating factors to the offending:
   • (i) Pre-meditation: the defendant knew the owner was not at home;
   • (ii) The value of the properties stolen: $25,250; and
   • (iii) The defendant is not a first offender. His previous conviction is also offending of a similar nature.
7. Prosecution recommended a three year starting point. I agree based on the aggravating factors and circumstances of this offending. I also agree that the only mitigating factor is his guilty plea and for that I give a 25% discount amounting to 9 months. This leaves 2 years and 3 months.

Sentence

8. For the offence of burglary, the defendant is convicted and sentenced to 2 years and 3 months’ imprisonment.
9. For the offence of theft, the defendant is convicted and sentenced to 1 year and 6 months’ imprisonment.
10. Both to be served concurrently; less any time in custody.
    

JUSTICE TUATAGALOA

^[1] Crimes Act 2013, s. 174.
^[2] ibid., ss. 161 & 165(b).