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Police v Falesii [2025] WSSC 94 (26 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Falesii [2025] WSSC 94 (26 September 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

MANULEENO FALESII aka MANU AFITU TAPANA male of Tuanaimato and Letui

Accused

Counsels: Ms. E. Driu & Ms. T. Roma for Prosecution
Accused appears in Person

Sentence: 26 September 2025

SENTENCE

The Charges

1. Manuleeno, 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. You have accepted the prosecution Summary of Facts dated 30 July 2025 which outlines your offending for burglary and theft. It states that on Thursday, 29 May 2025 between 12 – 1am you unlawfully entered the business premises of Ocean Blue Samoa trading as Superstar Samoa Limited at Lotopa through a remote controlled door at the front of the office which you cut through and forcibly opened.
3. When you were inside the premises, you stole the following items which were valued at SAT$4,100.00:
   • (i) One (1) Lenovo laptop (grey) valued at SAT$1,500.00;
   • (ii) One (1) Vivo laptop (Black) valued at SAT$1,100.00;
   • (iii) Cash in the amount of $1,500.00.
4. You were caught because your actions were recorded on CCTV and you were recognised and identified by Police.
5. Only the Lenovo laptop was recovered.

The Background of the Accused

6. Manuleeno, you are a 29-year-old male of Tuanaimato and Letui, Savaii. You reside at Tuanaimato with your sister and her husband, a brother and your uncle. According to the probation report both your parents are deceased. According to the Alcohol and Drugs Assessment Report, you entered into a relationship with your defacto wife and have two children. However, you have since separated and your wife left with your daughter, whilst your son was adopted by your sister living in Tutuila, American Samoa. You have been employed in different jobs including working at Frankie’s Wholesale, employed as a carpenter, employed in a restaurant and as a ground maintenance worker at the Faleata Golf Course as part of the Samoa Land Corporation (“SLC”). At the time of your offending, you were on suspension from your employment at SLC for an unrelated matter.
7. Unfortunately, you have prior convictions. You were first convicted in 2013 for causing actual bodily harm and spent one month in prison. Your next offending was in 2020 for burglary and theft which is similar to the charges you currently face. You were convicted and imprisoned for six (6) months. You were also convicted the same year for insulting words and threatening words and spent a further three (3) months in prison. You once again reoffended in 2023 for insulting words and throwing stones where you were placed under supervision for 12 months and ordered not to consume alcohol. As part of your rehabilitation, you confirm completing the Salvation Army programme.

The Victim

8. The victim of your offending is Mr. Yipping Yu the owner of Ocean Blue Samoa trading as Superstar Samoa Limited at Lotopa. In the report provided by a representative of the company Mr. Utumalama Nikolao, he mentions the owners feeling of concern and anxiety caused by a threatened sense of safety for their property due to your actions. Mr. Nikolao also speaks of the financial loss due to the unrecovered items you stole, coupled with the extra costs to the business to fix the damage you caused and change all security locks.

Aggravating Features of the Offending

9. 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) The targeting of a commercial business and the costs caused to the victim to fix the damage and change the security locks;
   • (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.
10. There are no mitigating features in respect of your offending.

Aggravating Features in respect of the Offender

11. The aggravating factor for you as an offender is your prior conviction for similar offences in the year 2020.

Mitigating Factors in respect of the Offender

12. The main mitigating factor which I take into account in sentencing is your early guilty plea. Your early guilty plea has saved the court and prosecution the time and costs of having to call and hear the evidence against you.
13. Second, I accept your apology to the Court and assess that you are remorseful. I accept that you have not been able to apologise to the victim because you have been in custody. Although you have indicated that alcohol was involved, it cannot be used to excuse your actions.

Discussion

14. The Court notes with concern the increase of burglary and theft within the community, particularly targeting businesses in and around Apia. This trend has been highlighted in numerous prior decisions, reflecting the gravity and frequency of such offenses.^[1]
15. Despite having prior convictions for the same offences, you have reoffended. This indicates a disregard for previous court warnings and a failure to be deterred. The recurrence of this behavior underscores the need for a firm judicial response to protect the community and reinforce the seriousness of these offenses.
16. In sentencing you today, it is with the purpose of protecting the community from you, holding you accountable, denouncing your conduct and deterring you and others from committing this or similar offending.^[2]
17. The Prosecution has recommended that the appropriate starting point for your matter is 3 years’ imprisonment. Based on my assessment of previous decisions for similar offending, I find that the appropriate start point for sentence for the two charges is two years’ and six months’ imprisonment or 30 months’ imprisonment. For your prior conviction, I accept the recommendation by prosecution and uplift that by 6 months’. 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 26 months’ imprisonment or 2 years and 2 months’ imprisonment.

Result

18. Accordingly, you are convicted and sentenced for the charges in the Charging Document dated 3 July 2025 as follows:
    • For the charge of burglary, you are convicted and sentenced to 2 years’ and 2 months’ imprisonment less time remanded in custody; and
    • For the charge of theft, you are convicted and sentenced to 20 months’ imprisonment or 1 year and 8 months’ imprisonment concurrent to the burglary charge above.
19. Your end sentence Manuleeno for the two charges is therefore 2 years’ and 2 months’ imprisonment, less time remanded in custody.
20. Use this time in prison wisely. Reflect deeply on the choices that brought you here, and begin to reshape your goals for the future. Prison can be a turning point—if you let it be. Focus on growth, education through the programmes you will be attending and self-discipline. Hopefully at the end of your sentence, you will be prepared to re-enter society with purpose and a stronger sense of direction.
    

JUSTICE KERSLAKE

^[1] See Police v Ajawas [2013] WSSC 49 per Sapolu former CJ; 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; and Police v Seumanutafa [2020] WSSC 52) per Nelson J.


^[2] See Police v Siaosi [2024] WSSC 6 (2 August 2024) per Nelson J; Police v Sakalaka [2019] WSSC 93 (2 August 2019) per Nelson J & Police v Maka [2023] WSSC 78 (24 October 2023) per Roma J.