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Police v Ulugia [2014] WSSC 125 (28 March 2014)

IN THE SUPREME COURT OF SAMOA
Police v Ulugia [2014] WSSC 125

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FELISE ULUGIA, male of Vaiusu.
Defendant

Counsel: L Su’a-Mailo and G Nelson for prosecution
Defendant unrepresented

Sentence: 28 March 2014

SENTENCE

1. The defendant appears for sentence on one count of burglary and one count of theft. Burglary charge according to the police evidence arises out of his breaking into a house situated at Vaiusu belonging to the complainant. And from inside the house he stole a lawnmower. In breaking in he damaged the glass of one of the doors. According to the police summary neighbours heard the cracking of the glass and called the police. The police came and found the defendant in the process of taking the lawnmower.
2. The defendant when the summary of facts was originally read to him disputed parts of it. But he has now accepted it after hearing the evidence of the complainant Mrs Bella Kleis. The court has therefore no difficulty in confirming that Felise broke into Mrs Kleis’s house, damaged the glass part of the door in the process and stole the lawnmower. Felise had in fact told the probation office he intended to sell the lawnmower to get some more brew for their drinking session with his friends that day. Felise has a record of numerous previous convictions for burglary and theft. Felise should be well aware of the seriousness of this sort of charge.
3. It is fortunate for him that the property stolen was recovered by the police but the damage to the door cannot be paid for by Felise because he has no means to do that. He is a professional burglar and I take that into account in sentencing. Felise has apologised to the court and said he will not do this again. I do not believe you Felise. Looking at your record you probably told the court that many times. The only way you can avoid going to prison for this sort of thing is to stop doing it. For today it is clear Felise a term of imprisonment must be imposed on you for this burglary and theft.
4. I take into account that you have pleaded guilty but you have also wasted the courts time in having to hear evidence. So any credit for your guilty plea is offset by that. The normal penalty for this sort of break-in would be around 6 to 9 months in prison. But because of your record you must receive a heavier penalty than that.
5. On the burglary and theft you will be convicted and sentenced to 12 months in prison on each charge. But those terms are to be served concurrently. But cumulative to your present term of imprisonment.
   

JUSTICE NELSON