IN THE SUPREME COURT OF SAMOA
Police v Vailiga & Tupe [2026] WSSC 15 (26 March 2026)

Case name: 	Police v Vailiga & Anor	
		
Citation: 	[2026] WSSC 15	
		
Decision date: 	26 March 2026	
		
Parties: 	POLICE (Informant) v FALANIKO VAILIGA a.k.a FALANIKO TUIMAUNEI a.k.a NIKO VAILIGA male of Leulumoega and Salelologa & TOE SAUNOA TUPE , male of Vaovai-Falealili and Salelologa (Defendants).	
		
Hearing date(s): 		
		
File number(s): 	2025-01271	
		
Jurisdiction: 	Supreme Court – CRIMINAL  	
		
Place of delivery: 	Mulinuu 	
		
Judge(s): 	Justice Leiataualesa Daryl Clarke 	
		
On appeal from:		
		
Order:	Accordingly, Falaniko for all the charges before the Court:
•	you are convicted and sentence to 18 months’ supervision and you are to: carry out 200 hours of community work and conduct such programs as directed by Probation service.
Toe, you are convicted and sentence for the charges against you to:
•	12 months’ supervision and carry out 100 hours of community work. Attend such programs as directed by Probation service. 	
		
Representation: 	J. Leung Wai for Prosecution 
Defendants appear in person 	
		
Catchwords: 	 breach of trust, first offender, community – based sentence, burglary and theft – jointly charged. 	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

FALANIKO VAILIGA a.k.a FALANIKO TUIMAUNEI a.k.a NIKO VAILIGA, male of Leulumoega and Salelologa and TOE TUPE, male of Vaovai-Falealili and Salelologa

Defendants

Counsels:	J. Leung Wai for Prosecution 
		Both defendant appears in person 
Sentence:	26th March 2026 

ORAL SENTENCE
The Charges:
1. 	Falaniko and Toe, you both appear for sentence on one charge of burglary and one charge of theft committed on the 26th September 2025 at the YKY Mart Salelologa. It is also the home of Tommy Yan, a male from China and Salelologa.
2. 	You Falaniko also appear for sentence on the charge of intentional damage arising from the same incident, where you damaged pieces of iron roofing to gain entry
The Offending:
3. 	According to the Summary of Facts which you’ve both accepted, on 26th September 2025, approximately between 2:00am and 3:00am, the two of you together with your co-defendant Lutjanus Kirisome decided to dress yourselves up in women’s clothes and approached the rear of the premises of YKY Mart.
4. 	You Falaniko had a tin snip which you used to cut the iron roof. You created an opening to the roof so the three of you could gain unlawful entry into the property 
5. 	While inside the property together, you all stole a number of items and that was thirty four (34) boxes of 3lb corned beef at the total value of $1999.20.
6. 	You then went and sold those stolen property.
7. 	You Falaniko were then identified by the complainant and the employees of the business as a former employee of that shop.
Background of the Accused:
8. 	Falaniko, you are a 23-year-old male of Leulumoega and Salelologa.
9. 	According to your Pre-sentence report, you were raised at Leulumoega- tuai and you were primarily under the care of your adoptive parents. You are the third of six children and you completed school to year 8. You held various jobs including Leiataua’s Lawn Mowing.
10. 	You lived for a time with your de-facto wife’s family in Salelologa and then moved to Magiagi at the beginning of this year.
11. 	You found employment at 4Ts Design where you are said to work as a carpenter. You are said to have two (2) children.
12. 	Toe, you are 17 years of age from Vaovai-Falealili and Salelologa. You were born in Falealili and raised by your paternal family in Salelologa.
13. 	According to your Pre-sentence report, you are the sixth of nine children. You told the Probation service you discontinued/ ended your studies after year 10 due to your father’s sickness. You are said to still be residing currently in Salelologa.
14. 	For you Falaniko, I note that you also confirm that after committing this offending and whilst on bail you committed further offending late last year where you now appear before the Family Violence Court pleading guilty to common assault and intentional damage arising from an incident on the 04th December 2025.
The Victim:
15. 	The victim of your offending is a male from China and Salelologa. He is the owner of YKY Mart also located in Salelologa
16. 	There is no victim impact report so there is not much I know about him.
Aggravating Features of the Offending:
17. 	The following are the aggravating features of your offending:
•	your burglary was of a building used for residential purposes; 
•	 the goods were then on-sold; and
•	prevalence of burglary and theft in Samoa
18. 	Relating to Falaniko:
•	this offending was premeditated;
•	you led the burglary and theft Falaniko;
•	there was an element of breach of trust as you were a former employee of the victim. You used that knowledge as an advantage with this burglary and theft.
Aggravating Features in respect of the Offender:
19. 	 In terms of mitigating features of offending, there are none.      
Mitigating Factors Personal to the Offender:
20. 	In terms of mitigating factors personal to you both, I take into account the following: 
(a) 	First, I accept your prior good character and first offender status; you have no prior convictions;
(b) 	your early guilty pleas;
(c) 	for you Falaniko, is your completion of the Salvation Army program and;
(d) 	for you Toe, is your youth.
Discussion:
21. 	Falaniko and Toe, burglary and theft is very serious. It usually and often involves imprisonment and you have heard the submissions from prosecution, and they have sought from the court a sentence of imprisonment starting between 1 to 2 years.
22. 	This offense of burglary and theft is usually committed by young men often intoxicated. They then think it is a good idea to go and burgle and steal from people’s homes and businesses. The community is tired of young men like you who go and burgle and steal from homes and businesses. Almost nobody is immune from burglary and theft incidences and that is why that often the sentence imposed by the court is that of imprisonment.  
23. 	I have heard from the both of you. Falaniko, though you said to be remorseful, your remorse has more to do with yourself rather than about the victim.  In this case Falaniko, you led the burglary and theft and said as much. You also used your knowledge of your former employers business to your advantage 
24. 	I have given serious consideration to your imprisonment. Yours is a borderline case and as a first offender I have taken into account your completion of the Salvation Army program. I also take on board you began your Salvation Army program on the day you assaulted your wife. The relevance is the fact that you completed your program after that separate matter that happened in December of last year.
25. 	I will therefore in this case give you the benefit of the doubt and I have decided to impose a non-custodial sentence. However, you must be very clear Falaniko that if you should reoffend in a similar way again in the future, you will most likely end up at Tanumalala. You have been remanded in custody for a further two days - so you know where you will end up and what awaits you. So, if you should think of reoffending again in the future, you think about Tanumalala and where you are sitting right now and whether you wish to come back here.
26. 	You will be sentence separately for your Family Violence Court matter and that’s a matter for another court.
27. 	Toe, I accept that your offending is isolated and you are a first offender. I take into account also your youth and your early guilty plea. You have accepted responsibility for your actions, through your guilty plea. It is also clear from the documents and also from what Falaniko told me, that Falaniko was the leader. You however very foolishly followed him.
28. 	In your case, I accept that a community based sentence is appropriate, but like I have told Falaniko, you should be very clear in your mind about how serious burglary and theft offending is in this country. If you should come back before the court again for similar offending such as burglary and theft, you should also be prepared to go to Tanumalala. There is usually no second chances for burglaries and thefts. So you are on notice and you know what awaits if you should come back. So you make the most of this opportunity. Make the most of this chance
Result:
29. 	Accordingly, Falaniko for all the charges before the Court you are convicted and sentence to 18 months supervision and you are to, carry out 200 hours of community work and conduct such program as directed by Probation service.
30. 	Toe you are convicted and sentence for the charges against you to 12 months supervision and carry out 100 hours of community work and attend such programs as directed by Probation service.

JUSTICE CLARKE