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Police v Eusipio [2025] WSSC 101 (17 November 2025)

IN THE SUPREME COURT OF SAMOA
Police v Eusipio [2025] WSSC 101 (17 November 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

SEFO EUSIPIO, male of Fusi Saoluafata, Lufilufi and Luatuanuu.

Accused

Representation: R Drau for Prosecution

Accused self-represented

Sentence Decision: 17^th November 2025

ORAL SENTENCE

The Charges:

1. Sefo, you appear for sentence on four charges of burglary, four charges of theft and one charge assault causing injury.

The Offending:

2. According to the Prosecution Summary of Facts dated 16^th September this year that you have accepted, there were four burglary and theft incidences in which you were involved. The first was at Luatuanuu involving a person by the name of Evo Maone. On the 10^th January 2019 between 2am and 4am, you unlawfully entered the complainant’s home. The home had been securely locked. You gained entry to the complainant’s bedroom where she was sleeping at the time with her 2-year-old son. You stole a blue bold cellphone valued at $319.00. When the complainant woke around 4am, she found that the cellphone had been stolen. The matter was reported to police later that day. On the 28^th January 2019 you were arrested, cautioned and interviewed at the Police Station. You were charged with burglary and theft.
3. The second incident also occurred at Luatuanuu involving Egbert Ah Tong. On the 23^rd September 2021 between 12am and 7am, you unlawfully entered the complainant’s home by cutting the fencing wire. You then accessed the complainant’s bedroom where the occupants were all asleep. You stole one gold Samsung S9+ valued at $2,300SAT. When the complainant woke up at around 7am, the complainant found that the cellphone had been stolen. On the 17^th October 2021 you were again arrested, cautioned and interviewed by police.
4. On the 8^th November 2021 you entered guilty pleas to the charges of burglary and theft.
5. The third incident occurred at Alafua. On the 28^th November 2022 at around 3am, you unlawfully entered the complainant’s home. The home was at the time rented out to other complainants in respect of this matter. You entered the home by removing the screen and the louver blades to the toilet. You then gained access to the bedroom where the occupants were asleep. One of the complainants woke and tried to apprehend you. As he tried to apprehend you, you threw the complainant to the floor, kicked him and hit him against the stove. You caused injuries to his head, stomach area, a broken toe and scratched finger. You stole $50.00. On the 28^th November 2022 you were again arrested, caution and interviewed by police. You were charged with burglary, causing injury and theft.
6. The fourth incident occurred at Maluafou between the 15^th and 16^th of July this year between 11.30pm and 8am. You unlawfully entered the complainant’s home. Again, you entered the room where the occupants were asleep, and there you stole an iPhone and phone cover to the total value which was $3,180SAT. Again you were charged with burglary and theft.
7. The total value of the goods stolen by you from these burglaries and thefts was $5,849SAT.

Background of the Accused:

8. You are a 24 year old male of Luatuanuu and Fusi Saoluafata. According to your Pre-Sentence Report, you were raised with your maternal family in Luatuanuu under the care of your mother. You are the second eldest of eight children. You completed school to year 9 and then left to find employment to support your family. You told the Probation Service that you have worked for a period for the Sula’s Bakery in Moataa. You have also worked for a time at Le-Vai Samoa Limited and Advance Security. You told the probation service that you are a divorced father with one daughter.

The Victims:

9. There are a number of victims to your offending. The first victim at Luatuanuu was a 36-year-old woman. I have no Victim Impact Report for that individual.
10. The second incident involved a victim by name Egbert Ah Tong. He’s a 39-year-old male of Luatuanuu.
11. The third incident, there’s a Victim Impact Report from a male by the name of Muhammad Hayat who you assaulted. He suffered injuries requiring stiches and required bed rest for 2 weeks to recover from your assault.
12. The victim of your fourth burglary and theft was Hillier Pouesi. She said she felt fear as your offending occurred while she and her children were sleeping. As a result of your offending, she continues to feel fear at night and is always listening out for some more offending.

Aggravating Features of the Offending:

13. The following are the aggravating features of your offending:
    • (i) the number of burglaries and thefts committed by you;
    • (ii) granted bail on each of the three incidences, you were granted bail and on each occasion afterwards, you went on to re-offend and commit further burglaries and thefts;
    • (iii) the burglary and theft involved actual violence on the third burglary and theft;
    • (iv) the prevalence of this type of offending and that involved burglaries and thefts of residential homes; and
    • (v) the value of goods stolen.

Mitigating Features of Offending:

14. In terms of the mitigating features of the offending I note only that some items stolen were recovered by police.
15. There are no aggravating factors personal to you as an offender, you are a first offender.

Mitigating Factors Offender:

16. The mitigating factors I take into account on your sentencing are as follows:
    • (a) The ifoga to Hillier Pouesi only; and
    • (b) Guilty pleas.
17. There are no positive character references in support of your character. The only reference from your friend Frank Sopigano is that he gave you a place to stay when you were banished but you then took his children’s food and hid it in your bag. Your remorse expressed in court was also for yourself and not about the victim’s. No deductions are extended for those matters.

Discussion:

18. Sefo, you were arrested in 2019 for burglary and theft and granted bail. You then failed to re-appear and went on to later re-offend with the same offending again in September 2021. Again granted bail, you did not appear. You then re-offend in November 2022. In that burglary and theft, you broke into a home in Alafua. When the male occupant tried to catch you, you then assaulted him by kicking and hitting him. He suffered a number of injuries from your assault including stitching. Burglaries accompanied by the assault of the home occupant is rare and must be discouraged. Nevertheless, you were again granted bail only to re-offend again this year. These are seriously aggravating features to your offending and demonstrate your brazen disregard for the law and the directions of the court.
19. Today, it will be made quite clear to you that your behavior is unacceptable. Prosecution seeks a 3-year sentence start point. Ordinarily, I would agree to that start point, however, following each offending and your arrest, you were granted bail. You then failed to re-appear before the court and went on to continue further burglaries, one of which you assaulted one of the victims. This conduct warrants a sterner sentence start point. Having regard to the authorities cited by prosecution and to Police v Uilisone [2024] WSSC 32, a 4-year sentence start point on a totality basis is warranted.
20. From that start point, I adjust it downwards by 4 months for the recovery of some of the stolen items and ifoga and from the balance, 8 months for your guilty plea leaving an end sentence of 3 years’ imprisonment.
21. You are accordingly convicted and sentenced as follows less your remand in custody:
    • (a) Burglary charge 6 in the Charging Document dated 18th August 2025 - 3 years’ imprisonment on a totality basis;
    • (b) All remaining burglary charges - 12 months’ imprisonment, concurrent to burglary charge 6;
    • (c) The charge of causing injury charge 4 – 6 months’ imprisonment concurrent to charge 6;
    • (d) Theft charges 2 and 5 – 3 months’ imprisonment concurrent to charge 6; and
    • (e) Theft charges 7 – 9 months’ imprisonment, concurrent to charge 6.
22. In total, you will spend 3 years’ imprisonment less your remand in custody. I hope that once you have served your imprisonment term, you do not repeat your offending. You should be quite clear that if you do so, you would go back to Tanumalala Prison.

JUSTICE CLARKE