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Police v Neufeldt [2013] WSSC 106 (23 September 2013)

SUPREME COURT OF SAMOA

Police v Neufeldt [2013] WSSC 106

Case name: Police v Neufeldt

Citation: [2013] WSSC 106

Decision date: 23 September 2013
Parties:
POLICE v FILISI aka FRITZ NEUFELDT, male of Vaivase-tai and Falefa.

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:
Representation:
L Taimalelagi for prosecution

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE

Prosecution

AND:

FILISI aka FRITZ NEUFELDT, male of Vaivase-tai and Falefa.
Defendant

Counsel: L Taimalelagi for prosecution
Defendant unrepresented

Sentence: 23 September 2013

SENTENCE

Filisi faces two lots of offending. One count each of burglary and theft involving one complainant and two counts of obtaining by deception involving two different complainants. I deal firstly with the burglary and theft.

The summary of facts which has been accepted by the defendant says that he is a 27 years old male of Vaivase-tai currently unemployed. On 24 May this year about 6:00 pm he broke into the complainants house and stole the complainants television valued at $750.00. The defendant was apprehended by the police not long after. And was taken to the police station and interviewed. Admitted to breaking and entering the complainants house. The documents before me are not clear but I assume from the summary that the police also recovered the complainants television.

The second lot of charges arises out of the fact that on Monday 6 of May the defendant came to know the complainant in respect of information S1042/13. This complainant is said to be Loleni Tafunai. The defendant called the complainant and asked for his assistance in clearing a container from the wharf. He told him that the container belonged to him and a palagi named James and requested the complainant that they meet at Motootua Hospital. They met and the defendant informed the complainant that he needed financial assistance for the documents to clear his container. He then gave the complainant the phone number for the palagi named James.

The complainant rang that telephone and the defendant answered pretending to be James. In that way he was able to persuade the complainant to lend him $500 to process the papers for his container promising that the money would be reimbursed when he received funds from overseas. Once the defendant got the $500 he disappeared. But not before obtaining from the complainant according to the police summary a further $300 making a total of $800 which is the subject of the first count of obtaining by deception.

The following day 7th of May the circumstances of the second charge arose. On that day the defendant called a different person and again pretended to be a palagi named James. In that case he called a complainant named Tini Mose. Using the same story he obtained from Tini $350.

According to what the defendant told the probation office once he received this money he spent it on alcohol. In fact he told the probation office that he is an admitted alcoholic. I have little doubt that the reason why he stole the television belonging to the first complainant was probably also to sell for money to purchase alcohol.

Filisi you obviously have a big problem. People like you would benefit from undergoing rehabilitation programs either inside or outside prison. Because if your problem is not cured then it is likely you will commit more criminal offences to fuel your addiction. Alcoholics generally do not like to work for their money. You need specialized help in addition to anything else. It is unfortunate this court does not at present have a specialist drug and alcohol court to which you could be referred. But you would be a classic case for such a court.

The seriousness and calculated nature of your offending means that an imprisonment term is necessary. I will incorporate into your sentence a period of probation and I urge you that when you get out of prison, take advantage of those programs. Because they are designed to try and help you make a fresh start to your life. Because I can tell you Filisi there is no future in the path you are beginning to take now except prison. Or worse because you might steal from the wrong person and that would be the end of you.

The choice is yours but for today I must sentence you on these offences. Firstly the offences of obtaining by deception. There are not small sums involved, no restitution of those sums have been made so there has been a total loss to these deceived people. The technique you used was very deceptive.

In respect of the charge involving $800 information S1042/13 a twelve (12) month prison term is quite appropriate. But I will discount that term for the factors in your mitigation. Firstly by a period of 4 months to reflect your guilty plea. Leaving a balance of 8 months. Secondly by a further reduction of 2 months because you have a clean record up to this point and you have a reasonably good background. In respect of that offence you will be convicted and sentenced to 6 months in prison.

In respect of the second offence of obtaining by deception involving $350 information S1043/13 you will be convicted and sentenced to 2 months in prison. Because that offending is separate from the first charge and involves a different complainant that period must be cumulative. But it is further ordered that the time you have spent in custody awaiting dealing with this matter is to be deducted from that 8 month prison term.

In respect of the burglary and theft charge you are convicted on those charges and placed on supervision under the probation office for a period of 12 months. That term is to begin from the date of your release from prison. These are the special conditions of your supervision which you must follow to the latter. Firstly you will undertake any rehabilitation programs or counseling that the office directs you to do. Secondly you are prohibited during this 12 month period from consuming any kind of alcohol and this includes home brew. You are also not to be found within any bar or any licensed premises where alcohol is sold. Thirdly you will during your period of supervision report to the probation office at least three times a week. Fourthly you will be subject to a night time curfew; you are not to be found outside your home between 8:00 pm at night and 6:00 am in the morning. I direct that the probation office help you find a job during the time of your supervision and I suggest you find some other constructive activity to use your time for like going to attend church meetings.

Filisi faalogo lelei mai, pau a lea o lou avanoa e tuu atu e le faamasinoga e faasa’o ai lou olaga ma toe fuataina lou lumanai. Pule la oe pe te faaogaina ia le avanoa lea ua tuu atu ia oe. A’o lea ua tuu atu le avanoa. A faapea e faaaoga pe a maea ona tuli lou taimi i le falepuipui ia atonu e manuia ai lou olaga. Ae a e filifili e le faaaogaina o le mea moni lava e tasi a le faaiuga e toe oo ia oe pe a toe aumai oe i luma o le faamasinoga i ituaiga solitulafono faapenei. Ua e manino i ia tulaga? (Defendant indicated he understood). Ia lelei o nisi tulaga o le faanofo vaavaaia masalo e oo i se taimi tou talanoa ma le ofisa faanofo vaavaaia ma faamalamalama lelei atu i lau susuga.

.......................
JUSTICE NELSON