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Police v A.I [2024] WSSC 17 (19 April 2024)

IN THE SUPREME COURT OF SAMOA
Police v A.I [2024] WSSC 17 (19 April 2024)

Case name:	Police v A.I

Citation:	[2024] WSSC 17

Decision date:	19 April 2024

Parties:	POLICE (Informant) v A.I (Defendant)

Hearing date(s):

File number(s):

Jurisdiction:	Supreme Court – CRIMINAL

Place of delivery:	Supreme Court of Samoa, Mulinuu

Judge(s):	Justice Fepulea’i A. Roma

On appeal from:

Order:	When this matter was last called, I indicated that if you comply fully with the conditions imposed, the Court will give you another chance despite the seriousness of the charge, rehabilitation being the primary purpose of the sentencing provisions of the Young Offenders Act. I am satisfied from the material before me of not just your compliance but the progress you have made in rehabilitation. I am also satisfied that a conviction would be out of all proportion to the gravity of your offending, your chances of successful rehabilitation and the future ahead of you. For those reasons I discharge you without conviction.

Representation:	H. Apisaloma for Prosecution V. Faasii for the Defendant

Catchwords:	Young offender – discharge without conviction.

Words and phrases:

Legislation cited:	Young Offenders Act.

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

A.I

Defendant

Counsel: H. Apisaloma for Prosecution
V. Faasii for Defendant

Sentence: 19 April 2024

SENTENCE

On the 18^th December 2023, this Court addressed your offending and the relevant sentencing principles; and imposed the following conditions for you to comply with:
- (i) complete 60 hours community work under the direction of the Probation Service or any community justice supervisor they may appoint;
- (ii) continue to reside with your uncle FSL;
- (iii) go back to school in 2024;
- (iv) attend counselling with Father IP of the Catholic Church of (y-village);
- (v) attend Sunday School or Youth Group of your religious denomination at (y-village);
- (vi) appear in court on the 28^th March 2024 at 12.30pm for judicial monitoring and a report from Probation.
For some reason your matter did not come back on the 28^th March. I now have before me a letter from the principal of XY-College. It confirms you are still attending school in its year 12 TVET programme and the subjects you are currently taking. It also confirms you are a member of the school’s under 16 rugby team.
I also have a letter from your uncle FSL confirming that you have been staying with him and attending counselling with Father IP. Both letters speak of the positive changes you have made.
The Probation Service have has also confirmed you have completed 60 hours community work as ordered by the Court.
When this matter was last called, I indicated that if you comply fully with the conditions imposed, the Court will give you another chance despite the seriousness of the charge, rehabilitation being the primary purpose of the sentencing provisions of the Young Offenders Act. I am satisfied from the material before me of not just your compliance but the progress you have made in rehabilitation.
I am also satisfied that a conviction would be out of all proportion to the gravity of your offending, your chances of successful rehabilitation and the future ahead of you.
For those reasons I discharge you without conviction.

JUSTICE ROMA

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