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Police v Taumaoe [2024] WSSC 130 (11 October 2024)

IN THE SUPREME COURT OF SAMOA
Police v Taumaoe [2024] WSSC 130 (11 October 2024)

Case name:	Police v Taumaoe

Citation:	[2024] WSSC 130

Decision date:	11 October 2024

Parties:	POLICE (Informant) v FAAMANATU TAUMAOE, male of Magiagi and Fagalii-Tai (Defendant)

Hearing date(s):

File number(s):

Jurisdiction:	Supreme Court – CRIMINAL

Place of delivery:	Supreme Court of Samoa, Mulinuu

Judge(s):	Justice Leiataualesa Daryl Clarke

On appeal from:

Order:	- On all charges, you are convicted and sentenced to 18 months supervision on condition that: - you carry out 150 hours community work; and - attend such other programs as you may be directed by the Salvation Army. Those sentences are concurrent.

Representation:	M. T. Fesili for the Prosecution Defendant appears in Person

Catchwords:	Burglary – theft – occurred multiple times – multiple victims – early guilty plea – no previous convictions – stolen property recovered – remorseful – apologised to third victim – completed Salvation Army Program – sentenced to supervision – community work.

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

FAAMANATU TAUMAOE, male of Magiagi and Fagalii-Tai

Accused

Representation: M T. Fesili for Prosecution

Defendant appeared in person

Sentence Decision: 11^th October 2024

SENTENCE

The Charge:

Faamanatu, you appear for sentence on three charges of burglary, three charges of theft. The total value of the goods stolen by you was $6,510.00.
You entered an early guilty plea to the charges.

The Offending:

According to the Prosecution Summary of Facts which you have accepted, the first incident of burglary and theft occurred between the 1st and 31^st June 2023 at Magiagi. At around 12noon between the 1st and 31st June last year, you have been sitting in front of the Magiagi Primary School waiting for a friend of yours. After, your friend Viliamu arrived with a crate of beer. You and your friend walked to the back of the school building and began drinking there. While you had both been drinking, you then decided to go in to one of the rooms of the Magiagi Primary School and stole Android Tablets valued at $2,400.00. None of the stolen items had been recovered.
The second incident also occurred at Magiagi on the 22^nd December last year. The second victim is a 71 year old male who also happen to be the Magiagi pulenuu. He owns a rental property. At the time of your break-in, the rental property was unoccupied. You went to his property and tore the screen wire and removed 4 windows and entered his rental home. You then stole a number of different items valued at $2,810.00. The only item that was recovered by police was a tool box valued at $700.00.
The third incident occurred on the 8^th January this year again at Magiagi. The victim on this occasion was a 65 year old male. At around 5am on the 8th January this year, you went to his home and dismantled one of the window frames and tore the screen wire. You then removed window louvers and gained entry. You then stole various items to a total value of $1,300.00 from that property.
As I said the total value of the goods you stole from your three different burglaries was $6,510.00.

The Background of the Accused:

You are an 18 year old male from Magiagi and Fagalii-Tai. You are single and are the youngest of 8 children. You reach school to year 12 but were expelled for smoking. Your father describe you as good nature and obedient. However, he says that what has most likely led you to offend is socializing with other problem youth.
You have no prior convictions.

The Victim:

There are three victims to your offending. The first is the Magiagi Primary School. According to the Victim Impact Report from that school, the school has been burgled often. You also damaged the principal’s office as well as other property of the school. These have not been repaired because there is no money to repair those damage.
The second victim is the pulenuu of Magiagi who says that there has been no apology.
The third victim says that there has been reconciliation through your father and he forgives you.

Aggravating Features of the Offending:

The aggravating features of your offending are as follows:
- (i) The burglary of a primary school. That is government property for the education of the young. This is a serious aggravating factor;
- (ii) Multiple burglaries involving multiple victims;
- (iii) The value of the goods stolen; and
- (iv) The properties that you burgled you also damaged those properties as you did so.

Mitigating Features of the Offending:

I accept as mitigating that some of the stolen property was recovered.
There are no aggravating features personal to you as you are a first offender.

Mitigating Factors Offender:

There are number of mitigating factors personal to you that I take into account.
- (a) I accept that you are remorseful and that your remorse is genuine;
- (b) The reconciliation and apology to the third victim extended by your father;
- (c) You are a first offender and I accept your prior good character;
- (d) Your successful completion of the Salvation Army Program; and
- (e) Early guilty plea.

Discussion:

Faamanatu, the usual sentence imposed by the court for this offending is imprisonment. In a case involving multiple burglaries with this value of goods stolen by you, you would be going to prison with a start point of between 2 ½ – 3 ½ years imprisonment. You must understand that committing burglaries and stealing is very serious offending. It is not a light matter. It is punished sternly by Samoa’s courts. This is because of its prevalence in our community. This offending is often committed by foolish young people like you who think burgling and stealing is a good idea – until of course, you are caught.
Three factors have led me to accept prosecution submissions to impose a non-custodial sentence:
- (a) your youth;
- (b) your prior good character and no prior convictions. You are a first offender; and
- (c) you have successfully completed the Salvation Army program and have shown there, recognition of the causes of your offending.
Your father has said your behaviour is due to some of the friendships you keep. You accept that you have spent time with problem youth and also recognize that you drinking alcohol contributed to your offending. You appear on the material before me and what you told me to have addressed both your drinking and the bad friends you keep.
I have given you a picture of what would normally happen for this offending. You should be clear Faamanatu that if you come back for this offending, the court will have no hesitation to send you straight to Tanumalala Prison. So if you find yourself again tempted to burgle and steal someone else’s property, you should be quite clear in your mind that you will be going to Tanumalala Prison. You have spent over a month there and as you said, it is not a good place for you.
Today, you are being spared jail. I encourage you then to make something of yourself. You go find a job or go back to school, and keep turning your life around. There is much good you can do. You are young, you have the support of your family and your father who was here at court and that is a significant advantage for you.

Result:

On all charges, you are convicted and sentenced to 18 months supervision on condition that:
- (a) you carry out 150 hours community work; and
- (b) attend such other programs as you may be directed by the Salvation Army. Those sentences are concurrent.

JUSTICE CLARKE

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