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Police v Leapai [2020] WSSC 35 (10 June 2020)

IN THE SUPREME COURT OF SAMOA
Police v Leapai [2020] WSSC 35

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

AMOSA LEAPAI, male of Malie & Lalovaea

Accused

Counsel: M. Alai & V. Faasii for Prosecution
M. Tuimalealiifano for the Accused

Date: 10 June 2020

S E N T E N C E

1. The accused Amosa Leapai was ‘exited’ from the Alcohol and Drugs Court (ADC) for non-appearance and non-compliance with the conditions of that Court on 26^th May 2020:
   • (i) He breached his curfew conditions; and
   • (ii) He re-offended with the same offences of burglary and theft that he was referred to the ADC in the first place.
2. Amosa now appears for sentencing on burglary and theft committed on 12^th February 2020 of the house of Roberta Tiatia Tuilaepa, female of Nuu-Fou
3. According to the summary of facts Amosa (with a co-defendant) in the early hours of the morning, whilst the victim and her family were sleeping, broke into the house by removing louvres and screen wire of the shower window and stole properties to the value of $4,515.70.
4. The victim filed a complaint with the police and Amosa was located and apprehended through a tracking device or GPS on the mobile phone he stole.
5. Amosa appeared in Court on 16 March 2020 and pleaded guilty to the offences. He was assessed and referred to the ADC, which he appeared on 17^th March 2020 and due to the COVID19 lockdown was formally accepted to the ADC programmes on 14^th April 2020.
6. Amosa had only been in ADC for four (4) weeks when he stopped appearing or attending the ADC programmes. He was later arrested for re-offending.
7. Prior to the referral to the ADC and as part of the process for referral the Judge whom he first appeared before and pleaded guilty gave a sentencing indication of 1 year and 2 months’ imprisonment. This sentencing indication is very relevant to the sentencing Judge.
8. Amosa has a previous conviction from 2017 of same offending of burglary and theft where he was given a supervision and community hours’ sentence; two years later he re-offended with the same offending and within 3-6 months again committed the same offending.
9. Amosa was given the opportunity to rehabilitation through the ADC programmes but obviously he did not appreciate the opportunity. His family also when the ADC programme team met with who gave support for Amosa to attend the ADC programmes did not do or play their part in monitoring and making sure that Amosa attends the programmes and appears in Court for judicial monitoring.
10. The ADC Court has tried and have given the opportunity to Amosa and can only do so much to help and offender but it really comes down to the offender and [his family] on how genuinely remorseful he is for his behaviour to want to change.
11. The Prosecution seeks for a custodial sentence and agrees to the sentencing indication given of 1 year and 2 months’ imprisonment for the following aggravating factors:
    • (i) The offending was pre-meditated;
    • (ii) Time of the offending when family was asleep;
    • (iii) It was a “home” that was broken into whilst the family was asleep;
    • (iv) Total disregard for the safety of the family;
    • (v) Significant amount of the properties stolen (4,515.70); and
    • (vi) Amosa has previous convictions of similar offending in 2017.
12. Defence counsel seeks a custodial sentence of 6 months’ imprisonment followed by a supervision term of 12 months. Defence counsel submits the following as mitigating factors:
    • (i) Guilty plea;
    • (ii) Defendant remorseful – the PSR says that the defendant was remorseful throughout the interview; and
    • (iii) Apology by the father to the victim.
13. The sentencing indication of 1 year and 2 months by the first appearance Judge is the end sentence after taking into account the mitigating factors of his age and early guilty plea.
14. For the fact that Amosa had committed several breaches of his conditions with the Alcohol and Drugs Court, I will further add two (2) months to the imprisonment term to be imposed.
15. I agree with the 1 year and 2 months’ imprisonment term as indicated and add a further two (2) months.
16. Amosa is convicted and sentenced to 1 year and 4 months’ imprisonment.
    

JUSTICE TUATAGALOA