IN THE SUPREME COURT OF SAMOA
Police v Eteuati [2025] WSSC 31 (7 May 2025)

Case name: 	Police v Eteuati	
		
Citation: 	[2025] WSSC 31	
		
Decision date: 	7 May 2025	
		
Parties: 	POLICE (Informant) v IOANE VILIAMU ETEUATI a.k.a IOANE VILIAMU TUPAI, male of Solosolo and Salelologa (Defendant)	
		
Hearing date(s): 		
		
File number(s): 	2024-06402 Charge 1 & 2 per CD dated 17/2/25	
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Fepulea'i Ameperosa Roma 	
		
On appeal from:		
		
Order:	On each of two charges of burglary, you are convicted and sentenced to 5 months imprisonment to be served concurrently.	
		
Representation: 	R. Fong for Prosecution
Defendant in Person	
		
Catchwords: 	Burglary 	
		
Words and phrases:		
		
Legislation cited:	Crimes Act 2013 s. 174(2).	
		
Cases cited:	Police v. Oloapu [2015] WSSC 232;
Police v. Uli [2018] WSSC 42.	
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

IOANE VILIAMU ETEUATI (a.k.a.) IOANE VILIAMU TUPAI male of Solosolo and Salelologa

Defendant

Counsel:	R. Fong for Prosecution
Defendant in person

Sentence:	7 May 2025

SENTENCE
Charges
1. 	You appear this morning for sentence on two counts of burglary.  The maximum penalty for each charge is ten years imprisonment.  You entered guilty pleas to both charges on the 24th February 2025 when finalised by prosecution.  You are jointly charged with a co accused who has denied the charges, his matter has been set for hearing in July this year. 
Offending
2. 	From the summary which you accepted on the 11th April 2025 when the matter was last called, the offending took place at the main offices of the Land Transport Authority at Vaitele, on two occasions during your employment as a security guard.
3. 	The first was on the 15th August 2024.  In the evening around 8pm, you were posted at the entrance of the LTA compound.  Your co accused who is a former IT officer at LTA contacted you and asked whether any staff members were present in the office.  You responded that all had gone home for the day.  He then requested access to the Drivers Licencing Office.  You allowed him into the compound then both made your way to the Drivers Licencing Office where you used a metal scraper tool to force open the locked door.  You entered the room without any authorisation.  You then returned to your security post, leaving your co accused inside the office where he is alleged to have accessed the Drivers Licencing system unauthorised and illegally produced counterfeit drivers’ licences.
4. 	The second incident occurred two months later on the 1st October 2024.  You repeated the same offending with the same co accused.  The following morning, the staff discovered that ribbons were missing from the drivers licencing machine.  The incidents became the subject of an internal investigation before they were reported to police.
5. 	In the presentence report, you admit your involvement on both occasions.  In fact, you told Probation that you contacted your co accused after you were approached by some people for help in obtaining licences, after they failed the examination.  You also told Probation that you planned the offending with your co accused, you allowed him access onto the premises and unauthorised entry to the office, and gave him money and documentation to process the licences.
Aggravating Factors
6. 	I consider the following:
(i) 	the significant breach of trust - As security guard, you were entrusted to ensure the protection and security of the Authority’s premises and properties.  You abused that trust by facilitating unauthorised entry of another to produce drivers licenses illegally for payment; 
(ii) 	premeditation and planning - Clearly the offending was planned with your co accused using your knowledge of the security measures in place at the Authority. 
(iii) 	there were two incidents of offending which occurred within less than two months; 
(iv) 	the impact on the victim - there is no victim impact report before me but I do not doubt the impact on the Authority’s resources directly from your offending and subsequently in the investigation that followed; 
(v) 	the prevalence of this type of offending.
Mitigating Factors
7. 	I consider:
(i) 	your guilty pleas entered at the earliest opportunity;	
(ii) 	your expression of remorse;
(iii) 	the apology confirmed through Probation by the Acting CEO at the time; 
(iv) 	your personal circumstances - You are a 56 year old father of seven from Lano Savaii.  Your formal education is of primary level.  There is a testimonial by Bishop Gafatasi Leota attached to the presentence report; there is also your wife’s plea for leniency through the Probation Service.  Your employment with LTA ended as a result of your offending.  You have a conviction for an unrelated sexual offence in March 1997 for which you served 18 months imprisonment.  
Discussion
8. 	Your matter is one of numerous cases of security guards committing burglaries and thefts of the very premises and properties they are employed to protect.  As Clarke J said in Police v. Uli [2018] WSSC 42:
	“Thefts and burglaries by security guards is not uncommon and it is important that security guards understand that if they steal from those whom they are employed to protect, they run the real risk of imprisonment.”
9. 	To that I echo the same message by Nelson J in Police v. Oloapu [2015] WSSC 232:
	“ … the message must go out to all security guards. You are the last line of defence of an employer, your job is to catch the thieves, not become one, this (is) a severe breach of trust by defendants.”
10. 	Whilst you do not face any theft charges, your gross breach of trust by facilitating unauthorised entry and the unlawful production of drivers licences for payment not once but on two occasions warrants a custodial sentence.
11. 	I adopt 12 months as the appropriate start point then make the following deductions.  For the apology you rendered to the Acting CEO of LTA, I deduct 1 month.  For your personal circumstances and remorse, I deduct 2 months.  For your willingness and agreement to assist police in the trial of your co accused, I deduct 1 month.  I make a final deduction of 3 months for your guilty pleas entered at the earliest opportunity.  The end sentence is 5 months imprisonment. 
Result
12. 	On each of two charges of burglary, you are convicted and sentenced to 5 months imprisonment to be served concurrently.
JUSTICE ROMA