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Police v Taufesala [2023] WSSC 79 (21 November 2023)

IN THE SUPREME COURT OF SAMOA
Police v Taufesala & Anor [2023] WSSC 79 (21 November 2023)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

IUPELI TAUFESALA and POULIMA ETIMANI IOELU males of Vaisala.

Defendants

Counsel: E. Lam for the Prosecution

Defendant in person

Sentence: 21 November 2023

SENTENCE

1. You both appear for sentence on 2 charges - one of burglary and one of theft. The maximum penalty for burglary is 10 years imprisonment and for theft, 12 months’ imprisonment. You both entered guilty pleas to the charges on the 23rd October 2023 when finalised by prosecution. You have another co accused who is a young offender, his matter has been referred to the Youth Court.
2. At Vaisala on the 3rd September 2023 between 10 and 11pm, the three of you met up and planned to break into the victim’s storage that was locked and unattended. Pursuant to your plan, Iupeli broke the door and entered whilst the others kept a lookout. Iupeli stole from the storage a weed killer, pair of boots and a bush knife, the total value of all items being $380.00.
3. Two days later the theft was discovered and you were apprehended on the 25th September. You admitted the offending to police under caution. You also admitted to Probation that your plan was to split the weed killer between the three of you for use on your respective lands.
4. I consider as aggravating factors the prevalence of burglary and theft offending; and impact of your offending. The victim’s son in law who was looking after the property in his absence says in the VIR that the victim had blamed him until you were caught. He says further that the door to the storage was damaged and they paid for the repairs. He also confirms that Iupeli’s parents have apologised.
5. In mitigation I consider your guilty pleas entered at the earliest opportunity; the apology rendered on your behalf; and your personal circumstances in particular your young ages. Iupeli is 18 years and Poulima 17. I have read your background information from the pre-sentence report. I take all those matters into account. I also consider the testimonials by Bishop Tuileve Masinamua for Poulima and Rev. Kirisimasi Okesene for Iupeli. You are both first offenders.
6. As I have said before, there are far too many cases of burglary and thefts involving youths like you. The impact on the security of victims and the public as well as their properties are an important consideration.
7. For you the fact that you were taken in by police, interviewed and charged, and brought to Court should teach you a simple lesson - that you must not engage in the same conduct or any other offending. Because if you have not realised that and end up coming back to Court, then my task will be simpler - decide how long you will go to jail for.
8. Taking into account all those matters, I accept the recommendation by prosecution for a non-custodial sentence.
9. On the charges of burglary and theft, you are both convicted and sentenced to 9 months supervision with a condition that you complete 60 hours of community work under the direction of Probation.

JUSTICE ROMA