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Police v Tuaoi [2019] WSSC 37 (18 April 2019)

SUPREME COURT OF SAMOA
Police v Tuaoi [2019] WSSC 37

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

SOFI UALE TUAOI male of Laulii and Foailuga.
Accused

Counsel: F Ioane for Prosecution

T Leavai for the Accused

Decision: 18 April 2019

O R A L S E N T E N C E

The Charge:

[1] Sofi, you appear for sentence in this matter on one charge of burglary and one charge of theft.

The Offending:

[2] According to the Summary of Facts accepted through your counsel, on the 17th November 2018 at Laulii in the early hours, you entered the first victim’s house without lawful authority and dishonestly took the second victim’s items to the value of $1,746.00. The details of the items stolen by you were set out by the prosecution. After you did so you hid under the second victim’s bed whilst the second victim was asleep. The second victim woke up as he felt the bed was moving. The second victim’s wife woke up and called out to the second victim that someone was inside the house. The matter was then reported to the police by the victims.

[3] When the first victim had called out to you to reveal yourself you did so.

Background of the Accused:

[4] You are a 22 year old male of Laulii and Foailuga. You are single and were working on your family plantation until you were remanding in custody for your offending. You are the youngest of 6 children and you completed school to year 8.

The Victims:

[5] The summary of facts refers to the two victims. The first is 59 years of age of Lepea and Laulii. He is currently the village church minister.

[6] The second victim is a 30 year old of Laulii. He is married and employed at the Ministry of Health.

Aggravating Features of the Offending:

[7] The aggravating features of your matter are as follows:

(i) You committed your offending whilst on bail for the charge of murder to which you subsequently entered a guilty plea to the charge of manslaughter, and
(ii) You broke into the victim’s homes being domestic homes at night whilst the victims were sleeping.

Mitigating Feature:

[8] The only mitigating feature is your guilty plea. You do not get the benefit of prior good character as you pleaded guilty to manslaughter offending that predated this offending. I also do not accept that you are remorseful. This is also reflected in the Pre-Sentence Report.

Discussion:

[9] Sofi you appear for sentence for burglary and theft committed by you on the 17th November 2018. When you committed this offending, you were on bail pending determination of the charge of murder against arising out of an incident occurred in May 2018. You subsequently pleaded guilty to the charge of murder on the 3rd December 2018. Despite the very serious matter for which you were before the Court in which you caused the death of a man, you committed this offending.

[10] That you committed this offending whilst on bail in May is a serious aggravating factor to your offending. In both the manslaughter incident and this incident you were said to be heavily intoxicated having drunk boom vodka. The earlier incident where you killed a man should have been a lesson to you to stay away from alcohol in particular boom vodka but you did not.

[11] Prosecution in their sentencing submissions did not refer to the most aggravating feature of your offending which is your offending whilst on bail for another serious matter. Given the value of the goods and particularly aggravating feature of your offending of offending whilst on bail, custodial sentence is warranted. It is that aggravating feature that distinguish your offending from those I have been referred to. I therefore do not accept the prosecution recommendation for a non-custodial sentence as appropriate. The value of the goods stolen is about one factor a Court take into account when determining sentence. I agree with the Probation Service report that you are unsuitable for a community based sentence.

Result:

[12] For the charge of burglary I adopt 4 months imprisonment start for sentence and I deduct one month for your guilty plea. On the charge of burglary, you are convicted and sentenced to 3 months imprisonment and for theft one month imprisonment. This sentence is cumulative to your sentence of manslaughter. I do not deduct the time that you have been remanded in custody as I have allowed for that deduction in the sentence for manslaughter.

JUSTICE CLARKE