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Police v Siona [2024] WSSC 110 (5 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Siona [2024] WSSC 110 (5 July 2024)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

MIKA SIONA, male of Magiagi

Defendant

Counsel: T Fesili for Prosecution
Defendant appears in Person

Date: 5 July 2024

SENTENCE OF TUATAGALOA J

1. The defendant, Mika Siona together with a co-defendant, Anesi Sione were originally scheduled to be sentenced on 9 August 2023 after having pleaded guilty on 11 July 2023. However, both Mika and his co-defendant failed to appear on 9 August 2023 and Warrant of Arrest was issued.
2. The defendant on execution of the Warrant of Arrest appears for sentencing while his co-defendant is still at large. The three (3) sets of offending were carried out on different dates as follows:
   • On or between 9 February – 19 February 2023 – Burglary and theft;
   • 16 March 2023 – Burglary and theft;
   • 20 March 2023 – Burglary and theft.
3. The Prosecution provided the summary of facts for the above offences which was read out and accepted by the defendant:

9 February and 19 February 2023 – Home at Vaivase-tai.

4. On or between the above dates, the defendant broke into the victim’s house at Vaivase-tai by removing a screen wire. There was no one at home at the time. The defendant (with a co-defendant) stole the following properties with a total value of $7,600.00:
   • Chainsaw valued at $500;
   • 40inch TV valued at $4,000;
   • Microwave valued at $600;
   • Sewing machine valued at $1000;
   • Two mattresses at $150 each;
   • Two bicycles at $600 each.
5. On 19 February 2023 the victim checked on her house at Vaivase-tai and discovered that her house had been broken into with the above items missing reported the matter to Police.
6. Following, the police investigation, the defendant and co-defendant were apprehended and charged on 23 March 2023.

16 March 2023 – Samoa College.

7. The defendant (with a co-defendant) late at night on 16 March 2023 went into the Samoa College compound and broke into the school’s computer laboratory. The defendant (with co-defendant) removed nine (9) laptops each valued at $1,999.00 to a total value of $17,991.
8. According to the summary of facts by the Prosecution, the defendant sold two (2) laptops to a male at the fish market at $300 each. These two laptops were recovered. According to the pre-sentence report dated 9^th June 2024, one (1) laptop was sold to the aunty of his co-defendant for $100 and eight (8) laptops were sold to a man named Moki for $300.00, marijuana joints and plants. According to the summary of facts, only two (2) laptops were recovered contrary to what the defendant told Probation in his pre-sentence report that all have been recovered and returned to the school. There is no confirmation from Samoa College that the laptops have been returned.
9. On 21^st March the defendant (with co-defendant) was apprehended and charged.

20 March 2023 – Frankies Supermarket, Lelata.

10. On 20^th March the defendant (with co-defendant) late at night broke into the Supermarket entering from the back by removing side louvres and mesh wire. The defendant stole a lot of liquor bottles and cartons of cigarettes with a total value of $4,034.50.
11. On 24 March the defendant was apprehended by the Police and charged.

Discussion

12. The most serious of these charges is burglary with maximum 10 years’ imprisonment followed by theft with maximum seven (7) years’ imprisonment for each offending.
13. The summary of facts has the defendant on a criminal spree within a period of 3-4 weeks. The victims of his spree are located within the same area near the village he resides. The properties stolen are expensive and valuable items with a combined value of $29,625.50.
14. The defendant has no previous convictions and had pleaded guilty to all three (3) offending. At the time of the offending the defendant was said to have been living at Magiagi but the Probation services could not locate his family at Magiagi in preparation of his Pre-sentence report.

Sentencing approach

15. The Prosecution recommends a totality approach for all three sets of offending with a starting point of 3 ½ years. I agree to the totality approach but find four (4) years as appropriate starting point as follows:
    • (i) For the offences of burglary, 12 months is deducted for first offender status, leaving 36 months. A 25% discount (9 months) is then given for early guilty plea. The end sentence is 27 months or 2 years and 3 months.
    • (ii) For the offences of theft 2 years is appropriate for each theft offence.

Conclusion

16. The defendant is convicted and sentenced as follows:
    • (i) Burglary (x3) – 2 years and 3 months’ imprisonment;
    • (ii) Theft (x3) – 2 years’ imprisonment
17. All imprisonment terms are to be served concurrently. That is, the defendant is to serve 2 years and 3 months’ imprisonment, less any time in custody prior to sentencing.

JUSTICE TUATAGALOA