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Police v Samau [2025] WSSC 42 (4 June 2025)

IN THE SUPREME COURT OF SAMOA
Police v Samau [2025] WSSC 42 (4 June 2025)


Case name:
Police v Samau


Citation:


Decision date:
4 June 2025


Parties:
POLICE (Informant) v LOLI SEMO SAMAU a.k.a ULALEI SEMO, male of Patamea & Leone (Accused)


Hearing date(s):



File number(s):



Jurisdiction:
Supreme Court – CRIMINAL


Place of delivery:
Supreme Court of Samoa, Mulinuu


Judge(s):
Justice Tuatagaloa


On appeal from:


Order:
The defendant is convicted and sentenced as follows:
(i) Burglary (x3): 3 years and 9 months’ imprisonment for each offence;
(ii) Thefts (x3): 3 years for each offence.
All are to be served concurrently less any time in custody awaiting sentencing.


Representation:
Attorney General’s Office for Prosecution
Accused appears in Person


Catchwords:
Burglary – theft – multiple offences – recidivist offender – previous convictions of similar nature.


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:


LOLI SEMO SAMAU A.K.A ULALEI SEMO, male of Patamea & Leone


Accused


Counsel: Attorney General’s Office for Prosecution

Accused appears in Person


Date: 04 June 2025


SENTENCING OF TUATAGALOA J

  1. The defendant appears for sentence on burglary and theft committed on three different dates as follows:

First incident: 11 March 2025

  1. The Summary of facts has the defendant to have unlawfully entered the victim’s residence at Malifa in the early hours of the morning using a crowbar to gain entrance.
  2. The defendant stole one HP laptop valued at $1,500.00 and one smart cellphone valued at $100

Second incident: 13 May 2024 (Monday)

  1. The defendant at Moto’otua around 2.15pm in the afternoon unlawfully entered the Scallini’s Restaurant by breaking the door lock to gain entrance.
  2. The defendant stole five different kinds of alcohol bottles with a total value of $1,137.26.

Third incident: 14 May 2024

  1. The defendant in the early hours of the next day at around 2.20am returned to the Scallini’s Restaurant that he broke into in the afternoon prior and entered the Restaurant through the game broken door.
  2. The defendant stole three alcohol bottles with a total value of $353.00 and an umbrella valued at $30.00.
  3. The Scallini’s Restaurant does not open on Mondays.
  4. The defendant pleaded guilty to all three burglaries and thefts on 28 April 2025.
  5. The defendant has a long record of similar previous convictions and is considered a recidivist offender. The community is not safe from people like this.
  6. The Prosecution identified aggravating factors of the offending and recommended on totality starting point of five (5) years. I agree.
  7. The mitigating factor in his early guilty plea to all charges to which I give a 25% discount of 15 months. This leaves 45 months or 3 years and 9 months.
  8. The defendant is convicted and sentenced as follows:
  9. All are to be served concurrently less any time in custody awaiting sentencing.

JUSTICE TUATAGALOA

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