IN THE SUPREME COURT OF SAMOA
Police v Tulei [2015] WSSC 272

Case name: 	Police v Tulei	
		
Citation: 	[2015] WSSC 272	
		
Decision date: 	19 October 2015	
		
Parties: 	POLICE (Prosecution) AND VAELUAGA TULEI male of Leone, Matautu Lefaga and Tafaigata Prison. (First Defendant) and VAIAKI SOLIA male of Leone (Second Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	There are no other deductions I can make from your sentence.  On the charge of burglary convicted and sentenced to 4 years in prison.

On the other charge of theft you will be convicted and sentenced to 3 years in prison but to be served concurrently with your burglary term.  	
		
Representation: 	O Tagaloa and F Ioane for prosecution
P Mulitalo for second defendant.	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	VAELUAGA TULEI male of Leone, Matautu Lefaga and Tafaigata Prison.
First Defendant

AND:

	VAIAKI SOLIA male of Leone.
Second Defendant

Counsel:	
O Tagaloa and F Ioane for prosecution
P Mulitalo for second defendant

Sentence:   19 October 2015

S E N T E N C E
1.	The first defendant Vaeluaga Tulei appears for sentence on one charge of burglary and one charge of theft.  His co-defendant Vaiaki Solia appears for sentence on one charge of receiving stolen goods.  The police summary of facts which both defendants have accepted says Vaeluaga is 34 years old from Leone and Matautu Lefaga and is serving an imprisonment term at Tafaigata.  At the time of this burglary and theft he was released on weekend parole.  His co-defendant Vaiaki is 36 years of age from Leone and runs a small business from his house.  Both defendants have previous convictions for criminal offending.  The complainant in this case is the Apia Primary school located at Malifa.
2.	The matter arises out of a burglary and theft of the school by Vaeluaga and others.  That group did not involve Vaiaki.  Vaiaki stayed at home drinking with other friends while Vaeluaga and his group burgled the Primary School.   They entered a school compound at Malifa climbed over the gate and went into the school buildings.  They stole from the premises various items consisting of a Yamaha organ keyboard valued at $7,800.00, an amplifier valued at $3,900.00, a PA system valued at over $12,000.00, a TV set valued at $2,394.00 and a projector valued at $3,500.00. Total value of all these properties according to police summary of facts is over $30,000.00.  
3.	The first defendant and his friends took the properties to the front gate of the school where it was picked up by a van and taken to the house of the second defendant Vaiaki.  The following day the theft was reported to the police and investigations led to the charges against the two defendants. Charges to which the defednats have pleaded guilty.  I will deal firstly with the main offender Vaeluaga.  
4.	Vaeluaga has pleaded guilty to one count of burglary and one count of theft.  His record shows he has previous convictions for robbery in 2012 for which he was sent to prison.  Vaeluaga must understand that every time he commits this kind of offending there is no other penalty available Vaeluaga except to send you back to jail.  Especially considering the value of the goods involved in this burglary and theft.  Which is a burglary and theft of materials for a Primary School, a school where kids are sent to learn.  You also know Vaeluaga you committed this while you were on weekend parole from Tafaigata. 
5.	The maximum penalty for burglary is 10 years in prison for theft 7 years in prison.  I am not going to give you the maximum but I agree with prosecution an appropriate start point is 5 years uplifted to 6 years to reflect your record and the fact that this offence was committed on weekend parole.  From that you are entitled to a deduction for your guilty plea, I will deduct 2 years from your sentence, leaves a balance of 4 years.  
6.	There are no other deductions I can make from your sentence.  On the charge of burglary convicted and sentenced to 4 years in prison.
7.	On the other charge of theft you will be convicted and sentenced to 3 years in prison but to be served concurrently with your burglary term.  Ao le fa’aiuga lea Vaeluaga seiloga e maea fa’asalaga na tuli i le taimi nei faatoa amata ona tuli le fa’asalaga mo le mataupu lenei.  Ua e malamalama? (Defendant said yes).  
8.	Vaeluagas co-defendant Vaiaki played a lesser role in the matter.  He received the stolen goods he did not participate in their taking.  According to him he did not know about the burglary and theft or that the goods were stolen.  He only found out the next day and he says he duly reported it to the Ministry of Education.  This does not accord with what is contained in the police summary of facts.  But neither counsel has asked for the court to hear evidence to resolve this conflict.  I will therefore for sentencing purposes take the interpretation most favourable to the defendant and accept his version.  
9.	I have also read his current probation office report and there seems to be an attempt by him to try and change his life style.  Because he has a very substantial criminal past. But it is never too late to change Vaiaki.  My advice is do it before you die because every time you reoffend you will end up back in prison. 
10.	Ona o tulaga ia Vaiaki faaopoopo iai ma le vaega lea e te lei auai i le talepega fale lea ma le gaoiga o meatotino ia.   O lou aafiga o le faaoo atu o mea ia ia oe, sa tatau ona e teena ae peitai ua e vaivai foi i lea taimi ma e nofo ma talia mea nei.  Ae le telē lou a’afiaga pei o le tama lea na uma atu nei. O lona uiga e leai se fa’aiuga fa’afalepuipui ia oe mo le mea nei.  Ae masalo o lena e te silafia lelei, ua tele taimi ua e tulai ai i luma o le fa’amasinoga.  O le fa’aiuga lena e mo le mataupu lenei, a toe aumai oe i seisi mataupu fa’apea ua ese loa se fa’aiuga ua tatau ona fa’ataatia atu i lau susuga.  Ua e malamalama? (Defendant said yes).  Tailo pe sa’o le mea lea e aumai e le ofisa fa’anofo va’ava’aia o lea e tau sui lou olaga, talosia ia sa’o, talosia mo oe aua o le tele o lou olaga lea e maumau i le falepuipui, e lei se lumanai.  Sili ona taumafai seisi lumanai e faaaoga ia taleni na e ia oe, na e te toaga e faaaoga sese ae le faaaoga sa’o.  
11.	E 12 masina lea o le a tuu atu ai oe i lalo o le vaavaaiga a le ofisa fa’anofo va’ava’aia.  Tulaga fa’apitoa o lau fa’anofo va’ava’aia, o loo iai polokalame a le ofisa, masalo ua e silafia lelei polokalame ia, e tatau ona e alu e te toe auai ai.  E iai isi polokalame a le ofisa fa’anofo va’ava’aia atonu e aoga mo oe.  A fa’atonu oe e auai ai auai ai.  E sa ona e toe pipii i le tama lea o Vaeluaga poo nisi tagata e fa’atonu oe e aua nei e toe pipii ai.  Lona tolu, mo le 6 masina muamua lea e te nofo vaavaaia ai e tatau ona  e saini faatolu i le vaiaso.  Uma loa le 6 masina muamua ona taatia atu lea i le ofisa pe fa’aauau pea le tulaga lea pe tuu i lalo i le fa’alua poo le fa’atasi o le vaiaso.  
12.	E $300 le sala tupe e tatau ona totogia, ma le $50 o le tau o le ofisa faanofo vaavaaia, $50 o le tau o leoleo.  O le aofai e $400, e tatau ona oo atu i le Aso Gafua o le vaiaso lea ua maua lau sala, a iai se faaletonu o lena ua e silafia o Tafaigata pe a le totogia le sala tupe.  

JUSTICE NELSON