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Police v Filipo [2025] WSSC 92 (25 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Filipo [2025] WSSC 92 (25 September 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

MAOLUMA FILIPO, female of Vaitele – Uta, Samauga and Foaluga

Accused

Counsels: Ms. F. Kolia for Prosecution
Accused appears in Person

Sentence: 25 September 2025

SENTENCE

The Charges

1. Maoluma, you appear for sentence on a single charge of burglary pursuant to section 174 of the Crimes Act 2013. The punishment for this crime is imprisonment for a period of not more than 10 years.

The Offending

2. According to the Prosecution Summary of Facts dated 22 September 2025 which you have accepted, on 8 August 2025 at around 5 – 6pm, you went to the complainant house at Siusega and unlawfully climbed over the fence. You then cut the screen wire protecting the windows and removed two (2) louvers to gain entrance into the house.
3. A neighbour saw you, walked in front of the house and called out to you. When you finally decided to come out of the house, the police were called and dealt with the matter accordingly. A complaint was laid by the complainant the very next day.

The Background of the Accused

4. Maoluma, you are a 19-year-old female of Vaitele-Uta, Samauga and Foaluga. You currently reside at Samauga with your grandmother. You are single and unemployed. You attend church at the Seventh Day Adventist Church at Matavai.

The Victim

5. The victim or complainant is a 40-year-old female of Vaimea and Suisega. She is the owner of the house which you entered into unlawfully.

Aggravating Features of the Offending

6. The following are the aggravating features of your offending:
   • (i) The high prevalence of burglary in the community;
   • (ii) Premeditation. I agree with the submissions of the prosecution that there was premeditation in the commission of the offence. There was a level of planning which led to the unlawful entry into the house; and
   • (iii) The cost of the damage to the screen wire and louvers.

Mitigating Feature in respect of the Offending

7. The only mitigating feature of your offending is the $700 tala restitution which was given to the complainant for the costs of repairs to the property damaged.

Aggravating Features in respect of the Offender

8. There are no aggravating factors for you as an offender as this is the first time you have appeared before the Courts.

Mitigating Factors in respect of the Offender

9. The following are the mitigating factors personal to you:
   • (i) Your age. You are only 19 years old and have a long future before you;
   • (ii) Your previous good behavior. You are a first offender and have not been in trouble with the law prior to this incident;
   • (iii) Your apology where you attended with you parents to apologize to the complainant and her family. Although the complainant was not present, the victim impact report speaks to her acceptance of the apology made to her parents on her behalf. She seeks leniency from the Court on your behalf; and
   • (iv) The early guilty plea.

Discussion

10. Maoluma, burglary in the community is increasing. The courts have often voiced concerns over the prevalence of this type of offending.^[1] The offence of burglary normally attracts an imprisonment sentence. However, non –custodial sentences have also been granted.^[2]
11. Burglary is not just a crime against property—it’s a violation of a person’s sanctuary. In Samoa, where homes are sacred spaces, entering someone’s home without permission is deeply hurtful. It causes fear and anxiety to the homeowner. You must understand that burglary is never a solution. It may seem like a shortcut in moments of desperation, but it only leads to hardship, punishment, and regret. The consequences are far greater than any temporary gain. I am sure it has brought shame not only to you, but to your parents who had to apologize on your behalf.
12. In moments when you feel lost or ashamed, remember this passage from Scripture: “For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future.” (Jeremiah 29:11).
13. Clearly you have made a mistake, and one mistake should not define your future. You are young so you have a chance to choose a better path. A pathway that is not harmful to your future. So it is important what you choose to do moving forward.
14. Let this be the last time you stand in a courtroom. You have the power to restore your dignity and earn back the trust of those around you. Surround yourself with people who can uplift you. Seek guidance from your parents, your elders, your church, and respected members of your community. Learn from this experience, and let it fuel your growth. You are capable of better and greater things.
15. In sentencing you today, it is with the purpose of directing you on a better path. Hopefully it will deter you and others from committing this or similar offending whilst at the same time give you hope for a restored chance at life and a better future.
16. In light of the mitigating factors, I agree that a term of imprisonment is not an appropriate punishment for you and accept the recommendation from prosecution that a period of supervision is more suitable.
17. Accordingly, you are convicted and sentenced to 9 months’ supervision with the following conditions:
    • (i) you are to attend a programme for a period of 8 weeks to be decided by probation;
    • (ii) you are to attend youth and church activities in your church; and
    • (iii) carry out 40 hours’ community service.
      

JUSTICE KERSLAKE

^[1] See for example: Police v Eteuati [2025] WSSC 31 per Roma J & Police v Ulisone [2024] WSSC 32 per Clarke J.
^[2] See Police v Ajawas [2013] WSSC 49 per Sapolu CJ, Police v Patrick Saleupolu & Anor [2016] WSSC 21 per Tuatagaloa J, Police v Mani Kopa [2024] WSSC 33 (30 May 2024) per Clarke J & Police v Ieti [2024] WSSC 18 per Roma J.