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Police v Afamasaga [2012] WSSC 74 (20 August 2012)

SUPREME COURT OF SAMOA

Police v Afamasaga [2012] WSSC 74

Case name: Police v Afamasaga

Citation: [2012] WSSC 74

Decision date: 20 August 2012

Parties:

POLICE v TIPASA AFAMASAGA, male of Vaimoso-uta and Siufaga Falelatai.

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Nelson J

On appeal from:

Order:

Representation:
Ms L Taimalelagi for prosecution

Defendant unrepresented

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE

Informant

AND:

TIPASA AFAMASAGA, male of Vaimoso-uta and Siufaga Falelatai.
Defendant

Counsel: Ms L Taimalelagi for prosecution

Defendant unrepresented

Sentence: 20 August 2012

SENTENCE

The summary of facts which the defendant has admitted this morning states that he is a 27 year old male of Vaimoso and Siufaga Falelatai, single and unemployed. The victim is a 38 year old male of Eva and Alamagoto and is the sole bread winner of his family.

On Friday 20 July at about 6:00pm at Vaimoso-uta the victim was walking home from work when the defendant intercepted him and called him over. The defendant was together with another male. The victim responded to the call because he knew the defendant.

However when the victim reached the defendant the defendant moved behind him and grabbed him, wrapped his arms around him restraining him and took from his pocket an envelope containing the victims wages. The amount of money in the envelope was $200 and the victim impact report states that this was the entirety of the victims wages. Wages which have been lost to the victim and which has not been returned.

The summary goes on to state that after stealing this money the defendant pushed the victim away and told him to leave. However the victim refused to leave and begged the defendant to return his wages because that was all the money that he had for his family. The defendants response was to assault the victim who subsequently left the area and reported the matter to the police. The defendant was apprehended and interviewed and he admitted to the police during that interview that he robbed the victim of the $200. The defendant has been charged with robbery and he has pleaded guilty to the charge. And today appears for sentence for the robbery.

The offence carries a maximum penalty of 10 years in prison. Which is indicative of the seriousness with which the law regards this kind of offence. The court also notes that robberies like this are becoming increasingly more common in our community. And while it usually involves relatively small amounts they are always accompanied by a degree of violence. Which is the situation in this case.

This defendant is no stranger to violent offending. He has previous convictions in 2009 for being armed with a dangerous weapon and also for threatening words. He is also no stranger to taking peoples property. He has a conviction in 2008 for theft. In those cases he was treated leniently by the courts. He apparently has learnt nothing from that exercise. More stern treatment of him is now required. To deter the defendant from behaving like this in the future and from breaking the law. And to deter others who may think that there is a future in committing robberies like this. The only future for this kind of behaviour is Tafaigata.

The police in this case have sought a 12 month imprisonment penalty. I agree with that. You will be convicted and sentenced to 12 months in prison for this offence. Your remand in custody time awaiting sentence is to be deducted from that term.

JUSTICE NELSON