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Police v O'Brien [2012] WSSC 1 (20 January 2012)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINU'U

BETWEEN:

POLICE
Prosecution

AND:

FAAFOUINA O'BRIEN male of Elise Fou and Vailoa Faleata
First Accused

AND:

USOALII LAFOGA male of Vailoa and Lepea
Second Accused

Counsel: T Toailoa for prosecution
Accused in persons

Sentence: 20 January 2012

SENTENCE

1. The accused Faafouina O'Brien who is 32 years old was found guilty of theft of a bicycle which belongs to the victim a 17 year old male. According to the victim's evidence, the value of his bicycle is $100. In terms of s.86 (1) (b) of the Crimes Ordinance 1961, the maximum penalty for theft of a property whose value exceeds $4 but does not exceed $100 is one year imprisonment.
   
2. The accused is a first offender. It appears from his pre-sentence report and the testimonials from his current employer and the pulenuu of his village that he had been a person of good character prior to the commission of this offence. He has expressed remorse to the Court and has also apologised to the victim and his mother. He has a young family and he provides for his family and elderly mother.
   
3. This accused's involvement in the offending that took place was relatively minor compared to that of his co-offender. Both accused were under the influence of alcohol.
   
4. In the circumstances, I have decided to impose a monetary fine. But let this be a warning. If this accused re-offends in the future and appears before the Court again, he may end up in prison. This accused is convicted and fined $300.
   
5. The accused Usoalii Lafoga who is 30 years old was found guilty of the robbery of a T-shirt, a belt, and $5 which belonged to the victim. It is clear from the evidence that he was the principal offender in this case. He is the one who threatened the victim. He has four previous convictions in 2007 for offences involving the use of violence.
   
6. Counsel for the prosecution informed the Court that this accused has been remanded in custody since 19 July 2011. This means this accused has been in custody for six months and one day. I have come to the conclusion that that is sufficient punishment for this accused. His sentence is therefore six months and one day imprisonment. He is now to be released.
   

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CHIEF JUSTICE