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Police v Isaako [2025] WSSC 114 (18 December 2025)

IN THE SUPREME COURT OF SAMOA
Police v Isaako [2025] WSSC 114 (18 December 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Prosecution

A N D

ISAAKO ISAAKO aka WILLIAM TALAVOU male of Faleseela, Lefaga, Eva and Vailele.

Accused

Counsel: P. Paramore for Prosecution

F. Ioane for Accused

Sentence: 18 December 2025

ORAL SENTENCE OF JUSTICE CLARKE

The charges:

1. Isaako, you appear for sentencing on three (3) charges of burglary and three (3) charges of theft in the charging document dated 26 November 2024. The burglary charges carry a maximum penalty of ten (10) years of imprisonment. The burglary charges between one (1) and seven (7) years imprisonment.

The offending:

2. According to the Prosecution’s Summary of Facts dated 28 July 2025, admitted by you through your lawyer, on the 17^th November last year at Vailele between 2:00am and 3:00am, you entered the complainant’s house without lawful authority. At the time, the complainant and his family were asleep. Inside the house, you stole a wrist watch valued at SAT$900.00. When you were inside the house, the complainant’s sister saw you. She screamed and her scream wakened up the complainant. You then fled the house with the wrist watch.
3. The second incident occurred on the 20^th November last year at Penina Supermarket at Vailele. Between 1:00am and 3:00am that morning, you broke into the store without lawful authority. You stole SAT$3,900.00 cash and black backpack valued at SAT$10.00.
4. The third incident occurred on the 23^rd November 2024. This was again at the Penina Supermarket at Vailele. You broke into the complainant’s shop without lawful authority and stole a till machine valued at SAT$350.00. The total value of all property stolen is SAT$5,160.00.

Background of the Accused

5. You were an eighteen (18) year old male of Faleseela Lefaga, Eva and Vailele. You are single and unemployed. According to your pre-sentence report, you told probation you were raised by your biological parents in American Samoa. You were brought back to Samoa when you were about four (4) months old. You are the fourth eldest of eight children. You completed school to Year 10. You have been described by your father Isaako Tuivasa as obedient and a hard worker, however, he expressed concerns of the negative influence of friends on you. You have no prior convictions and you are a first offender.
6. There are two victims to your offending. The first victim was a thirty-three (33) year old male of Vailele. His victim impact report, he reports that after your burglary, his parents and his sister were frightened. He was angry and wanted to beat you up. Although his parents have said to forgive you, he does not and wants an appropriate sentence imposed.
7. The second victim gives only a short victim impact report and said that none of the items stolen have been recovered.

Aggravating Features of Offending:

8. The following are the aggravating features of your offending:
   • (i) is the high prevalence of burglaries and thefts;
   • (ii) is the impact of your offending on the victims;
   • (iii) is the number of burglary and thefts committed by you;
   • (iv) is the burglaries including of a home and the second victim you burgled twice; and
   • (v) finally is the value of the good stolen by you.

Mitigating features of Offending:

9. In terms of the mitigating features of the offending, there none.

Mitigating factors Offender:

10. In terms of the mitigating features personal to you are as follows:
    • (i) is your youth;
    • (ii) is the village banishment and fine of SAT$5,000.00 which SAT$2,000.00 was paid;
    • (iii) is the remorse expressed in your affidavit;
    • (vi) is the completion of the spiritual counselling programme and positive report that followed; and
    • (v) finally, is your early guilty pleas.

Discussion:

11. Isaako, burglary and theft is a very prevalence offence in Samoa. As I have said many times to young men, it almost always involves young men like you drinking alcohol and breaking into homes and businesses. It is clear to me from all I have read and heard that you have made some very bad choices with the friends you keep and the people you spend time with. Your actions have not only deeply impacted the victims, but resulted in you and your family being banished and fined. Your actions have serious consequences. You have also spent time in prison when you were remanded in custody for almost four (4) months.
12. Prosecution have asked for an imprisonment term of two and half three and a half years’ start point. Ordinarily I would have no hesitation sending you to Tanumalala prison because that is usually the penalty imposed for this type of offending. However, I have decided to impose a non-custodial sentence for a number of reasons. You are eighteen years (18) of age, you are young. You have secured some work and have successfully completed your programme with Bishop Tilamataa’u. You have through your affidavit shown an insight into your offending and the serious consequences of your actions. From all that I have read, there is real hope that you will now live a law-abiding life and work hard to get a trade or a skill so you can provide for yourself and your family. That you become rehabilitated and become a law abiding member of society is good for our community.
13. Isaako, you are a Tanumalala prisoner for almost four (4) months. You must be clear though that if you burgle and steal again, that is where you will go. Because that is where burglars and thieves end up together with other serious offenders. So you are at one of those cross roads of your life. If you take the road of spending time with the wrong friends drinking, burgling and stealing, that road will take you to Tanumalala prison. And if you do take that road, the court will have no hesitation to send you there next time. If you change your life and continue on the road you are now with the support of your family and the faifeau and others, you will get a trade or skill and work to provide for your family and stay out of prison. I can only encourage you to continue on this road.
14. Isaako, you make the most of this opportunity you are receiving today. Ae a faapea e faama’imau e oe le avanoa lea ua tuu atu i le asō, lea ua e malamalama lelei i le mea e toe tupu pe a e toe tula’i mai a?
15. Def: Ioe lau Afioga.

Result:

16. On all charges, you are convicted and sentenced to two (2) years supervision directed as follows:
    • (1) First you have to carry out 200 hours of community work, not less than 100 hours of that community work should be dedicated to vocational and educational training as directed by the Probation Service so as to upskill yourself;
    • (2) Second you are to continue to carry out and attend programmes with Bishop Tilamataa’o for the next six (6) months, and you are to attend such other programmes as directed by the Probation Service. Probation Service is to please convey to Bishop Tilamataa’o the court’s gratitude for his assistance and support given to Isaako.

Clarke J: Isaako o e malamalama?
Def: Ioe lau Afioga.
Clarke J: O e malamalama foi i le mea ete oo iai pe a e toe tula’i mai?
Def: Ioe lau Afioga
Clarke J: O fea na?
Def: O Tanumalala
Clarke J: Tanumalala a, ia aua la nei e toe solitulafono faapenei, ua e malamalama?
Def: Ioe lau Afioga

CLARKE J