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Police v Setefano [2015] WSSC 179 (26 October 2015)

IN THE SUPREME COURT OF SAMOA
Police v Setefano [2015] WSSC 179

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FILIPO TAUAVA SETEFANO male of Lelepa
Defendant

Counsel:
F Ioane for prosecution
Unrepresented

Sentence: 26 October 2015

S E N T E N C E

1. Defendant you appear for sentence on the charge of theft of two cattle beasts from a 62 year old complainant. You sold these to a couple that you had arranged to sell the beasts to while you were at the vicinity of the Chan Mow supermarket in Apia.
2. It was a premeditated offence because you knew you had no cattle to sell and you travelled all the way to Savaii by boat and by car to commit the offence. Two beasts were slaughtered and they were taken into Apia in the same car when they were sold. You were given monies by the couple who requested the beasts.
3. That was a very a successful operation and is probably why the same couple requested you the second time for six beasts knowing very well that you had no beasts. That second attempt to slaughter would have succeeded if the police had not intervened.
4. The Court considers that the theft of cattle beasts is on the rise. The 62 year old victim had cared for his beasts for some considerable time. He should be compensated for the beasts that you stole and sold. Your family has given one beast as compensation but given your circumstances you cannot afford to compensate the victim. I must therefore accept the recommendation by the prosecution that you should be sent to prison because you cannot afford compensation. It is also to send a message to other like-minded people like you that theft of beasts will not be tolerated by the court.
5. You are sent to prison for 12 months less any time you spent in custody.

JUSTICE VAAI