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Police v Faimasasa [2025] WSSC 62 (3 April 2025)

IN THE SUPREME COURT OF SAMOA
Police v Faimasasa [2025] WSSC 62 (3 April 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

SOANE SENE TAVU’I FAIMASASA, male of.

Accused

Representation: J Leung Wai for Prosecution

Defendant self-represented

Sentence Decision: 3rd April 2025

ORAL SENTENCE

1. Soane, you appear for sentence on one charge of burglary and one charge of theft.

The Offending:

2. According to the Summary of Facts which you’ve accepted yesterday, on the 30th January this year around 7.30am, you went to the victim’s business located at Alafua. There, you dismantled the window frame and tore the screen wire. You then removed the window louvers and entered the property. At the time of your break-in the property was unoccupied. You then stole various items to the value of $4,025.00SAT from the victim.

The Accused:

3. You are a 22 year old male. You are from Moamoa-Fou and Pitonu’ū Satupaitea. According to your Pre-Sentence Report, you are the seventh of thirteen children to your parents. You went to Saint Joseph’s College and left school after year 10. You have been employed in various jobs including Bella’s lawn mowing at Aleisa, Chris’s lumberjack contractor, and most recently as a fisherman on fishing alia.
4. You told Probation Service that you have a one-month old daughter to your partner Ina. You have prior convictions for burglary and theft entered in 2022. For those matters, you were sentenced to 15 months imprisonment in total.

The Victim:

5. The victim is a 40 year old female of Alafua. She is married with two children. And owns a business at Alafua that you burgled and stole from. In her Victim Impact Report, she speaks of the significant stress, anxiety and feelings of vulnerability in respect of your offending. She says that the emotional impact of your offending will be with them for a long time. She also speaks of the cost of your offending to her business not only the value of what you stole, but also the cost of the security improvements to her business that she had to carry out, from future burglaries as well as the repair the damaged that you had caused. She values those costs at $3,770.00SAT.

Aggravating factors:

6. The aggravating features of your offending are:
   • The high prevalent of burglary and theft in Samoa particularly the Apia urban area;
   • The value of the goods stolen; and
   • The impact of the offending on the victim.

Aggravating Features Personal to the Offender:

7. Aggravating feature personal to you as an offender is prior convictions for similar offending in 2022.

Mitigating Factors:

8. Mitigating features personal to you I take into account is your remorse express through the Probation Service as well as your early guilty plea.

Discussion:

9. Soane, you were imprisoned in 2022 for this same offending of burglary and theft for 15 months. Despite going to prison, you return again for the same offending. You learnt nothing from your time in prison in 2022.
10. Today, I hope the lesson you understand is that if you continue to burgle and steal from people, the courts will send you back to Tanumalala Prison. The community has lost patience with people who continue to break into their homes and businesses and steal from them. As I have said in other cases of burglary and theft before the courts, almost no home or business is immune from this type of offending particularly in the Apia area. In most cases, it is committed by young foolish men such as yourself who get drunk and think breaking into people’s homes and businesses is a good idea.
11. As the victim in this case says, but is the case in almost all burglaries, when someone breaks into their home or business, it leaves them feeling vulnerable and scared. They then spend a lot of time money protecting their homes and businesses from people like you and from this occurring again.
12. When I spoke to you yesterday, the remorse you expressed was for yourself and your wish to return to your family. When I read to you parts of the Victim Impact Report and the impact of your offending on the victim, you expressed little understanding of the impact of your offending on the victim. A nominal reduction in sentences extended as for remorse expressed in the Pre-Sentence Report.
13. Soane, it’s a pity you reappear again for burglary and theft. You told the probation service you now have a young child. You said that you have a partner, Ina. When you complete your sentence, I encourage you Soane to change your ways and become a law abiding young man. Do not re-offend. Make something of yourself. You have had good employment and obviously have potential. Change your ways and make Ina and your young daughter proud of you. You have spoken to me about how you do not enjoy the prison conditions. And how strongly you want to return home to your parents and family. Everyone in this room wants you to return back to your parents and family. But you need to change your ways so you no longer return to prison. Only you can make that change Soane.
14. Prosecution seeks a start point of 3 years’ imprisonment and an uplift of 6 months for your prior convictions and a further 12 months for deterrence relying on Police v Siaosi [2024] WSSC 86. Police v Siaosi is not applicable as that defendant was a veteran offender with many prior convictions. You have been dealt with only once before by the courts. So, having regard to the authorities referred to me and cases such as Police v Siona [2024] WSSC 110 (5 July 2024), the start point sought is excessive.
15. The appropriate start point is 2 ½ years’ imprisonment. I uplift that by 6 months for your prior convictions. From that start point I deduct 3 months for your remorse as expressed to the probation service; and 9 months for your early guilty plea leaving an end sentence of 2 years’ imprisonment.

Result:

16. Accordingly, you are convicted and sentenced as follows less remand in custody:
    • On the charge of burglary, 2 years’ imprisonment on a totality basis; and
    • On the charge of theft, 15 months’ imprisonment concurrent.

JUSTICE CLARKE