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Police v Meafou [2025] WSSC 102 (17 November 2025)

IN THE SUPREME COURT OF SAMOA
Police v Meafou [2025] WSSC 102 (17 November 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

VAEGA MEAFOU SULA GAUGAU a.k.a JAMES MEAFOU, male of Fusi Saoluafata and Siusega.

Accused

Representation: F Kolia for Prosecution

Accused self-represented

Sentence Decision: 17^th November 2025

ORAL SENTENCE

The Charges:

1. James, you appear for sentence on one charge of burglary and one charge of theft.

The Offending:

2. According to the Prosecution Summary of Facts dated 8^th October 2025 which you’ve accepted, on the 31^st May this year between 3am and 5am, you unlawfully entered the DEA Supermarket at Motootua. You entered the supermarket by climbing on top of the gas bottle cage outside of the store, you removed 2 window louvers and then entered the shop. You then stole various items to the total value of $1,500.70SAT.

Background of the Accused:

3. You are a 25-year-old male of Siusega and Fusi Safotulafai. According to your Pre-Sentence Report, you were raised by your biological parents in Fusi Safotulafai. You are the third of five children. You completed school to year 13. You then relocated to Siusega. In Apia you attended the Maritime Training School next door here to the court house. However, you are unable to complete the course as you failed one year into the program.
4. You have worked at Vodafone Samoa as well as on the RSE program in New Zealand. You told the Probation Service that you are single. You’ve confirmed your Prior Conviction Record which shows a conviction for theft of an animal entered on the 24^th July 2024 as well as burglary and theft entered on the 5^th September this year.

The Victims:

5. The victim is said in the Summary of Facts to be a 40-year-old female of Motootua and Salesatele Falealili and a store supervisor. She’s a supervisor, not a victim. The victim is the DEA Supermarket. The victim has repaired the damage you caused to the supermarket and increased security measures.

Aggravating Features of the Offending:

6. The following are the aggravating features of your offending:
   • (i) the value of goods stolen;
   • (ii) you committed this offending while on bail for similar offending; and
   • (iii) the prevalence of this type of offending.

Aggravating Features personal to the Offender:

7. The aggravating factors personal to you as an offender is your prior conviction for similar offending in July of last year.

Mitigating Factors Personal to the Offender:

8. The only mitigating factors personal to you James is your guilty plea late as it was.

Discussion:

9. James, you committed this burglary whilst on bail for similar offending which you were later sentenced to 10 months’ imprisonment. You were also earlier sentenced in 2024 for theft of an animal. Breaking into businesses and homes has become a favorite past-time for foolish young men like you. You don’t seem to learn a lesson, when given a chance by the courts, as you had been in 2024 with a non-custodial sentence. You then went on to commit the earlier burglary and theft and while on bail for that matter, you committed this burglary and theft.
10. You must understand James that burglary and theft is a serious offence. Many homes and businesses not only in Apia but across Samoa have been affected by burglary and theft because of people like you who think it’s a good idea. It is not. A custodial sentence is appropriate for you. If you keep stealing and breaking into homes and businesses, you will continue to be imprisoned. You must change your ways. James, reading your Pre-Sentence Report, you had a great deal of promise. You had completed school to year 13; you had been given an opportunity to attend the Maritime Training School; you had a job with Vodafone; you have even been to New Zealand on the RSE program for seven months. Yet you now appear before the court for burglary and theft again. Your life has taken a bad turn. I sincerely hope that from your dealings with the court today and after you serve your imprisonment term, you might change your ways so we do not see you again. There is absolutely no bright future for you if you continue to burgle and steal from homes and businesses. You clearly are very bright and have potential. I hope you find that again. You will waste your time at Tanumalala.
11. Prosecution seeks a start point of 2 to 3 years’ imprisonment. You committed this offending whilst on bail for similar offending. While a 2 year start point might be warranted, I will adopt a 21 month start point. I uplift that by 3 months for your prior conviction, I then deduct 4 months for your late guilty plea leaving an end sentence of 20 months’ imprisonment.
12. Accordingly, you are convicted and sentenced as follows:
    • On the charge of burglary - 20 months’ imprisonment on a totality basis; and
    • Theft – 6 months’ imprisonment, concurrent to burglary.
13. This sentence James is cumulative to your current sentence of imprisonment.
    

JUSTICE CLARKE