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Police v Maua [2025] WSSC 15 (25 March 2025)

IN THE SUPREME COURT OF SAMOA
Police v Maua [2025] WSSC 15 (25 March 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

SIMONE PATRICK MAUA, male of Leonē.

Accused

Representation: R Fong for Prosecution

T Toailoa for the Accused

Sentence Decision: 25th March 2025

ORAL SENTENCE

The Charges

1. Simone, you appear for sentence on one charge of burglary, one charge of theft of $500.00 and one charge of intentional damage.

The Offending

2. According to the Prosecution Summary of Facts which you’ve accepted through your counsel, you and a friend of yours had colluded to break into the victim’s shop at Matautu between 3am and 4am on the 19th June 2024. At that time, the victim was travelling overseas on business in China. You and your friend approached the victim’s shop, you went to the left side of the shop and removed 4 glass louvers so that you could access the shop. You are the person who entered the shop and your friend stayed as a lookout. Inside the shop, you damaged the cash registered valued at $3,260.00. You also took the $500.00 cash. You and your friend then fled the scene taking the stolen money with you.
3. When you were interviewed by the Probation Service, you told the Probation Service that it was your friend’s idea to break-in to the shop because you wanted to consume methamphetamine or ice.

Background of the Accused

4. Your background is that you are a 19 year old male from Leonē. You are single and unemployed. You told the Probation Service that you were born in Hawaii and was raised there by your biological parents. You are the youngest of 7 children. Your family then relocated to American Samoa where you went to high school there. You completed school to year 11 but began failing because of the influence of your friends.
5. You had worked in a couple of different jobs in American Samoa but in 2023 you relocated to Leonē. Since returning to Samoa you have not have had any employment. You have prior convictions for similar offending for burglary and theft entered in September 2023 and May 2024. When you committed this offending you were under the supervision of Probation Service. You have failed to comply with your community based sentence.
6. I am grateful to Dr. Joyce Sonoling for her report dated 26th February 2025. She confirmed your diagnosis of schizophrenia with mood symptoms probably due to substance abuse and opines that you are at high risk of being victimized in prison due to your mental health condition.

The Victim

7. The victim is a 31 year old male from Fagalii. He is married and self-employed. He is the store owner that you burgled that morning. In his Victim Impact Report, he expresses his sadness and hurt at what had occurred and that on the day after your burglary and theft, he was again burgled the next day. As a result, he wants to move his business.

Aggravating Features of the Offending

8. The aggravating features of your offending are as follows:
   • The element of premeditation to fund your methamphetamine use;
   • You committed this whilst under the supervision of Probation Service; and
   • The value of the damage that you caused to the victim’s property.

Aggravating Factors Personal to the Offender

9. Aggravating factors personal to you is the 3 prior convictions for burglary and theft.

Mitigating Factors Personal to the Offender

10. The mitigating factor personal to you that I take into account are as follows:
    • Your relative youth;
    • Your schizophrenia your mental health condition that you suffer from; and
    • Your early guilty plea.

Discussion

11. Simone, you’ve been custody since about the 23rd August 2024. When he appeared before the Court, he presented early with mental health problems and it was raised by his mother and Simone that he had been without medication to treat his schizophrenia for some time. On a number of occasions, I have directed through Prosecution that the Prison Service ensure that Simone is receiving his medications and treatments. In her report dated 26 February 2025 Dr. Sonoling notes that Patrick’s presentation corresponds to him being without his medication since 15th May 2024. In a report from the Ministry of Police, Prisons and Corrections of 18th March 2025, the Medical Unit of the Prisons Service indicates that in August and December 2024, Patrick had been examined at the hospital and it’s noted that “everything okay”. In the report from the Prison Services it indicates that medication for Simone commenced on the 6th February 2025 and ended on the 15th February 2025 and that no further medication is required.
12. This is inconsistent with the letter dated 14th March 2025 from Dr. Sonoling that shows Simone requires continued medication and treatment for his schizophrenia.
13. Simone is a risk to the community of further offending – likely offending of similar nature. However, as Dr. Sonoling has said, he is also at high risk of being victimized in prison because of his condition. I’m also not satisfied by what I have observed and heard over the past few months that Simone is receiving the medication he requires. There appears to be a disconnect in communications between the Medical Health Unit and the Prisons Mental Medical Clinic. If not already in existence, the Prisons Service and Mental Health Unit ought to have appropriate protocols in place to ensure that detainees with serious mental health conditions receive the medication they require.
14. In this case, Simone has been in custody for 7 months. He has assured me that having now been in custody for the first time, he will change his ways and comply with today’s sentence. His mother has also been in court and is very supportive. His father will also remain at home to ensure that he stays out of trouble. In these circumstances and for the reasons I have discussed earlier, I have decided that Simone’s detention will be for the time served. My sentence will focus on his rehabilitation and the causes of his offending. The sentence will impose strict community based conditions for him to comply with. Simone will be required to take his medication and undergo regular assessment as advised by Dr. Sonoling and set out in my orders to follow. If there is non-compliance with my orders, a number of options are available including the powers for Community Treatment Orders under Part 4 of the Mental Health Act 2007 to ensure his compliance or return to court.
15. Simone, you are being given an opportunity today. You have said that you want to go home, and you are today getting your wish. But you need to be very clear that if you breach my orders or you re-offend, you will most likely return to Tanumalala Prison. The orders I issue today will seek to address your schizophrenia and what is most likely the cause of your offending. You have told me you don’t like being in the Tanumalala Prison, so please do not re-offend so that you can remain with your family. It is important that you change your friends and as you told me, take your medication.

Result

16. On all charges, you are convicted and sentenced to time served and placed under the supervision of the Probation Service for a period of 12 months on the following conditions:
    • (a) You are to reside with your parents at Leonē under the direct supervision of your father and be under curfew and at home from 8am to 6pm every day;
    • (b) In terms of treating your schizophrenia and addressing the causes of your offending:
      • (i) You are to take your prescribed medication of Sodium Valproate 200mg twice daily; Benztropine 2mg oral daily and monthly Fluphenthixol 60mg monthly;
      • (ii) You must attend at the Mental Health Unit every month as directed by the Mental Health Unit or Probation Service to ensure you are complying with taking your medication;
      • (iii) You are to comply with all directions of the Mental Health Unit treating team including weekly attendance at the Mental Health Unit to do art and CBT (Cognitive Behaviour Therapy) for these 12 months; and
      • (iv) You are prohibited from using any methamphetamine or marijuana and from consuming any alcohol.
17. These directions as to your medication and attendance at the Mental Health Unit may be varied from time to time as needed by your treating team by the Mental Health Unit.
18. To your parents, I thank you for supporting Simone these past few months. I ask you to please ensure that he complies with these orders. We all want him to get better and do not want to see him return to Tanumalala Prison. If you need any support or concerns, please raise those with the Mental Health Unit team or the Probation Service.

JUSTICE CLARKE