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Police v Iosefa [2016] WSSC 80 (16 May 2016)

SUPREME COURT OF SAMOA
Police v Iosefa [2016] WSSC 80

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

JORDAN LEMALU IOSEFA, male of Lalovaea and Tafaigata
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Sentence: 16 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. The accused appears for sentence on charges of burglary and theft committed on 24 July 2015 at Millenia Hotel.
2. The charge of burglary carries a maximum of 10 years’ imprisonment while the charge of theft is maximum 7 years’ imprisonment.
3. The summary of facts by the prosecution was read out and the accused has confirmed it which basically is:
   • On 24 July 2015 the accused walked into the Millenia Hotel, entered one of the guestrooms and stole the following:
     • Samsung tablet;
     • Make up bag with make up inside;
     • Beach bag with beach wear and sunglasses.
4. The total value of the said properties is $1,416.00.
5. The accused has previous convictions of similar offending. The way the accused carried out this offending showed his disregard if he was caught. It also shows that he is a danger to society and people’s valuables and properties are no longer secure with people like him around.
6. The fact that he stole from a guestroom in Millenia Hotel which was occupied by visitors to the country will no doubt reflect on the tourism market but especially the hotel involved because of such people like the accused.
7. The accused total disregard of the law is that he committed this offending whilst under a two year supervision term.
8. A custodial sentence is most appropriate. The only thing in the accused favor is his early plea. I will take the burglary charge as the leading offence and impose a two year starting point; less 1/3 discount for early pleas – which is 8 months. This leaves 16 months’ imprisonment.
9. For the offence of theft I impose 6 months’ imprisonment.
10. The sentences are to be concurrent, less time in custody.
    

JUSTICE TUATAGALOA