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Police v Faulalo [2025] WSSC 93 (25 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Faulalo [2025] WSSC 93 (25 September 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

FILI FAULALO, male of Leulumoega Tuai, Falelauniu and Fugalei.

Accused

Counsels: Ms. F. Kolia for Prosecution
Accused appears in Person

Sentence: 25 September 2025

SENTENCE

The Charges

1. Fili, you appear for sentence on one charge of burglary pursuant to section 174 of the Crimes Act 2013 which carries a 10-year maximum term of imprisonment and one charge of theft pursuant to section 161 and 165(b) of the Crimes Act 2013 which carries a 7-year maximum imprisonment term.

The Offending

2. According to the prosecution Summary of Facts dated 3^rd September 2024 which you have accepted, the incident of burglary and theft for which you appear for sentence occurred on 25 May 2025. On this day at around 12 – 1am in the morning, you unlawfully entered Siusega Mart by cutting the security fence wire and removing two top louver windows to gain entry. Once you were inside the store, you took a number of items the total value equalling SAT$3,483.5
3. These items included:
   • (i) Seventeen (17) large red pall mall cigarettes each valued at $17.20;
   • (ii) Two (2) large green pall mall cigarettes each valued at $17.20;
   • (iii) Four (4) small red pall mall cigarette each valued at $8.60;
   • (iv) Six (6) small green pall mall cigarette each valued at $8.60;
   • (v) Five (5) large blue rothmans cigarette each valued at $14.00;
   • (vi) Nineteen (19) small blue rothmans cigarette each valued at $7.50;
   • (vii) Two (2) large red Winfield cigarettes with two (2) filter tips each valued at $10.30;
   • (viii) Eighteen (18) lighters each valued at $4.00;
   • (ix) Digicel scratch cards valued at $160.00
   • (x) Vodafone top up cell phone $2,230.30 top up credit;
   • (xi) One (1) white footwear shoes valued at $28.00; and
   • (xii) $247.30 cash.
4. All items were recovered except for items in ix, x and xi above.

The Background of the Accused

5. Fili, you are a 34-year-old male of Leulumoega tuai, Falelauniu and Fugalei. According to your probation report, at the time of the offending you were living at Falelauniu with your defacto-wife and two young children, a 2-year-old daughter and a 9-month old son. You have told probation that since 2022 you have been employed in various jobs which include planting cocoa, looking after sheep and working in construction.
6. You have a long and unhealthy prior conviction record. You are a recidivist burglar and therefore no stranger to the Court. You were first convicted in 2004 for burglary and theft. Since then, you have been convicted of other crimes including robbery, possession of narcotics, further burglaries and thefts as well as escape. Probation has you spending a total of 11 years and 9 months in prison for your various convictions. You told probation that you were released from prison in 2022.

The Victim

7. The victim of your offending is the owner of Siusega Mart Zhaowei Chen. In his victim impact report Mr. Chen speaks of his feeling of frustration and anxiety which has come around by a threatened sense of safety. Mr. Chen also speaks to the damage they suffered and the repairs he had to make as well as the financial lost caused by the items which were not recovered.

Aggravating Features of the Offending

8. The following are the aggravating features of your offending:
   • (i) The high prevalence of burglary and theft in the community;
   • (ii) Premeditation. I accept the submission by prosecution that your actions demonstrated a level of planning;
   • (iii) Damage to the property of the victim;
   • (iv) Total value of the amount of the items you took including the total value of the amount which was not recovered; and
   • (v) The involvement of alcohol in your offending.
9. There are no mitigating features in respect of your offending.

Aggravating Features in respect of the Offender

10. The aggravating factor for you as an offender are your numerous prior convictions for similar offending.

Mitigating Factors in respect of the Offender

11. The first mitigating factor I take into account in sentencing is your guilty plea. Although you only changed your plea on the day of the hearing, you still saved the court and prosecution time and costs of having to call and hear the evidence.
12. Second, I accept that you are remorseful. Your regrets are more towards the position which your wife and children find themselves in, but you are also sorry for offending and causing hardship to the complainant. A letter written by your de-facto wife and adopted mother speaks to the hardship they will face if you are imprisoned given that you are the breadwinner and provider in the family. Although you have indicated that alcohol was involved, it cannot be used to excuse your actions.

Discussion

13. Fili, I have read your most recent Pre-Sentence Report (“PSR”) prepared by the probation service which also attaches a previous PSR prepared in 2014 for your previous offending. You have told probation that you had been drinking alcohol and were intoxicated when you committed the offending. You told probation that you did not remember what you did and woke up the next morning at your house in the presence of the police who discovered most of the stolen items in or around your house. I do not find this statement to be truthful.
14. Burglary and theft in the community is on the rise. The courts have often voiced concerns over the prevalence of this type of offending.^[1] Burglary and theft from businesses in and around Apia has also become prolific, with many businesses burgled on multiple occasions.
15. You have had chances before. You have many prior convictions where you were warned and offered opportunities to change. But you have once again returned on the same path. This shows that you have not at all been deterred from re-offending.
16. In sentencing you today, it is with the purpose of denouncing your conduct and deterring you and others from committing this or similar offending as well as to protect the community from you.
17. I have reviewed the annex of cases by the prosecution attached to their sentencing memorandum and considered other cases for similar type of offending. Prosecution have recommended that the appropriate starting point for your matter is 4 years. In terms of the burglary and theft charges, I find that the appropriate start point for sentence is two years’ imprisonment. For your prior conviction I uplift that by 1 year. For your early guilty plea, I deduct 8 months. I also deduct a further 2 months to reflect your remorsefulness. This leaves a sentence of 2 years and 2 months’ imprisonment.

Result

18. Accordingly, you are convicted and sentenced for the charges in the Charging Document dated 13 June 2025 as follows:
    • (i) For the charge of burglary, you are convicted and sentenced to 2 years’ and 2 months’ imprisonment less time remanded in custody;
    • (ii) For the charge of theft, you are convicted and sentenced to 15 months’ imprisonment concurrent to the burglary charge above.
19. Your end sentence Fili for the two charges is therefore 2 years and 2 months’ imprisonment, less time remanded in custody.
20. As judges we do not find pleasure in sending anyone to prison but in cases such as yours we have no option but to do so. The end sentence is a reflection of your past history. I hope you spend the time in prison wisely to consider not only yourself, but the future of your wife and young children. You can still contribute positively in their lives. Hopefully this is the last time that you appear before the Courts.

JUSTICE KERSLAKE

^[1] Police v Faaleleiga [2024] WSSC 103 (7 October 2024) per Clarke J, Police v Sula Siaosi aka Joe Siaosi (Unreported) 02/08/2024 per Nelson J; Police v Ulisone [2024] WSSC 32 per Clarke J; Police v Seumanutafa [2020] WSSC 52) per Nelson J.