Police v Faauma [2011] CKHC 38; CR114.2011 (8 April 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO. 114/2011

POLICE

v

ALICE NGA FAAUMU

Hearing: 8 April 2011

Counsel: T Manavaroa for the Crown
Informant in person (not represented)

Sentence: 8 April 2011

SENTENCING NOTES OF HUGH WILLIAMS J

Solicitors:
T Manavaroa, Crown Law Office, Avarua, Rarotonga

[1] Ms Faaumu, you appear here for sentence this morning having pleaded guilty to one charge of theft as a servant as recently as 26 February this year.

[2] You pleaded guilty at the first chance you had to do that and have been apologetic. It seems from the factual material that I have been given that you are 41 years of age. You have been separated for some eights years now and have a number of children, the youngest of whom is 15, and that you have lost your job as a result of this, understandably enough. What you did was essentially cheat your employer at the check-out and obtain for yourself groceries and the like worth just over $169.00.

[3] You have had a good work record. You are a first offender and have never been in Court before, and it seems that you have learned your lesson. It seems you have lost your job and you are now known as a thief, and the suggestion is that I order you to come up for sentence on the charge if you re-offend within six months. The price of the groceries of $169.00 has been deducted from your wages so there is no need for any order for restitution.

[4] The sentence is that you come up for proper sentence on the theft as a servant charge if you reoffend. So if you reoffend you will find yourself back here. Thank you. Stand down.

Hugh Williams J