IN THE SUPREME COURT OF SAMOA
Police v Solia [2015] WSSC 129

Case name: 	Police v Solia	
		
Citation: 	[2015] WSSC 129	
		
Decision date: 	26 January 2015	
		
Parties: 	The Police (Prosecution)
Vaioa Solia, male of Solosolo and Tafaigata Prison (Defendant)
Jerome Kakashelee Ah Fook, male of Siusega and Leauvaa-tai	
		
Hearing date(s): 	-	
		
File number(s): 	S2039/14, S1954/14, S2118/14	
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Courthouse, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	In respect of the joint charge of wilful damage S2039/14 that has a maximum penalty of 7 years.  But in all the circumstances an 18 months start point for sentence is appropriate for your matter.  For your guilty plea gentlemen I reduce that by 6 months to 12 months in prison.  
On that charge you will both be convicted and sentenced to 12 months in prison, cumulative to your present terms of imprisonment.
In respect of charge S1954/14, that charge involves only you Vaioa.  It is a charge of breaking prison but I do not believe the charge applies to what you did because you did not escape from the prison.  I am therefore going to reduce that charge to an attempted break that is more what you were doing.  That has the effect of reducing the penalty that can be imposed.  In respect of that charge you will be convicted and sentenced to 12 months in prison, concurrent term.
The second defendant faces charge S2118/14, being an accessory to the attempted break.  You both did this together there is no reason why you should receive different sentences.  Convicted and sentenced to 12 months in prison, concurrent also to your 12 months for the wilful damage.  
O lona uiga mo mataupu uma nei Jerome ma Vaioa, e 12 masina le lua taimi faapopo e tuli e fai ma le lua faasalaga.	
		
Representation: 	O Tagaloa for prosecution
Defendant unrepresented	
		
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:

	VAIOA SOLIA, male of Solosolo and Tafaigata Prison.
First Defendant

AND:

	JEROME KAKASHELEE AH FOOK, male of Siusega and Leauvaa-tai.
Second Defendant

Counsel:	O Tagaloa for prosecution
Defendant unrepresented

Sentence:	26 January 2015

SENTENCE
1.	Both defendants are prisoners at Tafaigata Prison.  Vaioa is serving a term of 18 years in prison for rape and other offences.  Jerome is serving a 5 year sentence of imprisonment for burglary theft and other offences.  
2.	They are before the court because according to the police summary of facts which they have both admitted they tried to break out of prison.  Jerome somehow obtained a saw and the two of them used the saw to bit by bit saw through the bars of their prison window.  They must have been very patient in carrying out what they did because they finally managed to saw through the bars of the window.  
3.	According to the police summary of facts the cost of repairing the damage to the bars of the window was $1,800 money which of course will never be recovered from the defendants.  The only reason the defendants were not able to break out is their activities were reported to the authorities by an older prisoner of their block.  As a result of what they did both defendants have pleaded guilty to wilful damage to the prison bars.  The first defendant has also pleaded guilty to breaking prison and the second defendant to being an accessory by providing the saw for that purpose.  I am sure the defendants know and understand that imprisonment terms can be the only penalty for what they did.
4.	In respect of the joint charge of wilful damage S2039/14 that has a maximum penalty of 7 years.  But in all the circumstances an 18 months start point for sentence is appropriate for your matter.  For your guilty plea gentlemen I reduce that by 6 months to 12 months in prison.  
5.	On that charge you will both be convicted and sentenced to 12 months in prison, cumulative to your present terms of imprisonment.
6.	In respect of charge S1954/14, that charge involves only you Vaioa.  It is a charge of breaking prison but I do not believe the charge applies to what you did because you did not escape from the prison.  I am therefore going to reduce that charge to an attempted break that is more what you were doing.  That has the effect of reducing the penalty that can be imposed.  In respect of that charge you will be convicted and sentenced to 12 months in prison, concurrent term.
7.	The second defendant faces charge S2118/14, being an accessory to the attempted break.  You both did this together there is no reason why you should receive different sentences.  Convicted and sentenced to 12 months in prison, concurrent also to your 12 months for the wilful damage.  
8.	O lona uiga mo mataupu uma nei Jerome ma Vaioa, e 12 masina le lua taimi faapopo e tuli e fai ma le lua faasalaga.  Ua lua malamalama?  (Defendants indicated they understood).  Ia faafetai ua maea.

JUSTICE NELSON