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Police v Crichton [2024] WSSC 105 (19 April 2024)

IN THE SUPREME COURT OF SAMOA
Police v Crichton [2024] WSSC 105 (19 April 2024)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

SONNY ANDREW a.k.a SONNY LINO CRICHTON, male of Moamoa-fou

Defendant

Counsel: T. Fesili for the Prosecution
Defendant appears in Person

Date: 19 April 2024

SENTENCING OF TUATAGALOA J

1. The defendant is to be sentenced on the following offences to which he pleaded guilty to on 11 March 2024.

01st May 2022

• S607/22: Burglary: Home at Moamoa-fou
• S605/22: Theft: Total value at $1015.00

2. According to the Summary of facts, the defendant entered the victim’s home at Moamoa-fou while the victim and her family were at Sunday church service. However, the victim’s daughter went back home to fetch something and while at home the daughter noticed a mattress moving. She removed the mattress and saw the defendant hiding behind it. The victim’s daughter was scared, went back to church and told her father. The victim and her family returned home and discovered that a black J8 cell-phone valued at $900 and cash of $115.00 were missing.

25 May 2022

• S603/22: Burglary – Apia Yacht Club, Mulinuu
• S604/22: Theft – Total value $310.00

3. The victim who is a Pakistani was renting a room at the Apia Yacht Club at Mulinuu. The victim left for work and upon returning after work, he found that his room had been broken into. The defendant entered the room by removing four (4) louvers and ripping off the screen wire. The defendant stole properties to the value of $310.00

15 December 2023- Fish Market, Savalalo

• 00002/24 #3: Possession of narcotics namely 3 small ziplock bags containing marijuana with a total weight of 9.16g
• 00002/24 #4: unlawful cultivation 170 marijuana seeds
• 00002/24 #5: possession of utensil of one (1) glass for the purpose of committing a crime

4. The Police were on a routine bike patrol along the Fish Market at Savalalo and they came across the defendant sitting on a fishing boat holding a clear glass pipe. This attracted the attention of one of the police officers who approached him and on reasonable suspicion conducted a body search of the defendant whereby they discovered the above marijuana substances.

12 February 2024

• 01232/24#1: unlawful cultivation: 12 marijuana seeds
• 01232/24#2: possession of loose marijuana leaves weighing at 2.19g
• 01232/24#3: escape from holding cells at the Courts.

5. On Monday, 12 February 2024 a total of 41 inmates (including the defendant) were escorted from Tanumalala prions to Court for Supreme Court mentions. The defendant was at the time remanded in custody. The defendant managed to escape from the holding cell before he appeared in Court. At around 11pm on the same day, the Police came across the defendant at Savalalo and he was apprehended and taken into custody. The defendant was body searched by the Police and they found on him marijuana substances.
6. On 11 March 2024 all these matters were called and the defendant pleaded guilty

The Penalties under the Law

• Burglary: s.174 of Crimes Act 2013 carries a maximum of 10 years’ imprisonment.
• Theft: ss.161 & 165(c) of Crimes Act 2013 a maximum of 2 years’ imprisonment (penalty depends on the total value of properties stolen).
• Escape: s.143 of Crimes Act 2013, maximum of 2 years’ imprisonment.
• Possession of marijuana: ss.7 & 8 of Narcotics Act 1967, maximum of 14 years’ imprisonment.
• Unlawful cultivation of prohibited plant: s.6(b) of Narcotics Act 1967, maximum 14 years’ imprisonment.
• Possession of utensil: s.13(b) of Narcotics Act 1967, maximum 7 years’ imprisonment.

7. The Court will take the totality approach for the offending of 1 May and 25 May 2022 which offending are similar of burglary and theft. The aggravating factors of these sets of offending is that places burgled by the defendant are places of residence, these offending’s were carried out during the day when no one was at home. The two places burgled are not in neighbouring villages or in the same village. This shows that the defendant goes around and targets places that he knows no one is at home. Theft always goes hand-in-hand with that of burglary. The only mitigating factors are his first offender status and early guilty plea.
8. I take the starting point of 2 years for the offence of burglary and deduct 3 months for first offender status, leaving 19 months. I then give 25% discount of 5 months.
9. The end sentence for the offending of burglary is 14 months. The defendant is convicted and sentenced as follows:
   • Burglary (x2) – 14 months’ imprisonment for each count.
   • Theft (x2) – 6 months’ imprisonment for each count.
   • All to be served concurrently less any time in custody.
10. The Court applies the same totality approach for the two sets of offending committed on 15 December 2023 and 12 February 2024. These offences are also similar in nature.
11. The leading charges are the unlawful cultivation and possession of marijuana both of which carry the maximum penalty of 14 years’ imprisonment. The defendant at both times was found in possession of marijuana substances in public places around town and in broad daylight. The quantity found on the defendant is an aggravating factor.
12. I take as appropriate the starting point of four (4) years and make the same deductions for the mitigating factors of being a first offender of 3 months, leaving 45 months. A 25% discount of 11 months for early guilty plea is also deducted. The end sentence for the leading offences is 34 months.
13. The defendant is convicted and sentenced as follows:
    • Unlawful cultivation (x2) – 34 months’ imprisonment for each count.
    • Possession of marijuana (x2) – 34 months’ imprisonment for each count.
    • Possession of utensil (x1) – 3 months’ imprisonment.
    • Escape (x1) – 3 months’ imprisonment.
    • All to be served concurrently less any time in custody.

Sentences to serve

14. The sentence for the set of offending committed on 15 December 2023 and 12 February 2024 are to be cumulative, or to be served after the sentence for the first set of offending on 1 May and 25 May 2023 have been served.
15. For the avoidance of doubt, the defendant is to first serve 14 months’ imprisonment to be followed by 34 months’ imprisonment. Less any time in custody.

JUSTICE TUATAGALOA