Regina v Takoa [1994] SBHC 10; HC-CRC 115 of 1993 (10 May 1994)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 115 of 1993

REGINA

-V-

MULIOLO TAKOA

High Court of Solomon Islands

(Muria, CJ.)

Hearing: 10 May 1994
Sentence: 10 May 1994

C. Tagaraniana for Accused
R. Talasasa for Prosecution

MURIA, CJ: The accused had been charged with 21 counts of Embezzlement c/s 266(a)(ii) of the Penal Code. He pleaded Guilty to Counts 1 - 3 and 6 - 19. The prosecution then withdrew counts 4, 5, 20 and 21 and the court acquitted the accused of those counts.

The offences were committed by the accused over a period between October 1990 and April 1991 through a system which he devised. The total amount embezzled in respect of all the counts to which the accused pleaded guilty is $42, 830.69.

The accused was not legally represented although at the Preliminary Inquiry, he was represented by Mr Teutao. The accused in his mitigation indicated that he would like some legal advise or assistance from a lawyer. The court therefore granted the accused his request for an opportunity to consult a lawyer.

Consequently, Mr Christopher Tagaraniana of the Public Solicitor's Office came to the court and the accused sought legal assistance and advice from him.

Ms Corrin who was the bank's lawyer asked the court to involve its powers under s.156 of the Criminal Penal Code to award compensation to the bank from the accused. The accused stated that he agreed that he should pay compensation to the bank.

The accused was employed as a Checking Officer in the ANZ Bank. His main duties was to deal with bank drafts, foreign currencies and checking of drafts. In the course of his work between 11 October 1990 and 29 April 1991 he received the various amounts stated in the charges and used them for his own benefit. This was discovered and the accused was charged.

The offence of Embezzlement is a serious offence as it can be seen from the maximum sentence of 14 years imprisonment for such an offence. It involves a breach of trust put upon the accused. The court is bound to take a serious view of such an offence.

The court must make it absolutely clear that for an offence such as embezzlement which involves a breach of trust, a sentence of imprisonment will always be appropriate.

In this case, I bear in mind all that the accused had said as well all that Mr Tagaraniana had added on the accused's behalf. I accept the accused is a man of previous good character and that he pleaded guilty before this court. No doubt the accused will now realise that for the offences he committed he stands to loose his liberty which is inevitable in this case. this deterrent aspect of the sentence is essential in cases of breach of trust.

I accept that the accused had gone through a very unpleasant and a burdening time having lost his brother, his mother and his father. He now has to shoulder part of the obligation of looking after the other members of the family.

However, I feel in this case a deterrent sentence must be imposed. That sentence must be in the nature of a financial as well as a custodial penalty.

Bearing all the circumstances of this case the court feels that the appropriate sentence in respect of all the counts the accused pleaded guilty to must be one of two (2) years imprisonment. The accused is a man of previous good character and has the added burden placed on him of having to care for his family and that of his late brother. I feel I can account for that by suspending half of the two (2) years sentence for a period of 2 years.

In addition, the court feels that a fine is also necessary in this case. The accused will therefore pay a fine of $2,000.00 payable on or before 3.00 pm Tuesday 17th May 1994 at the High Court Registry, in default of which the accused is to service six (6) months imprisonment. Thus if the fine is not paid the accused is to serve eighteen (18) months in prison.

I order under section 156(1)(b) Criminal Penal Code that the whole of the fine be applied to payment of compensation to the ANZ Bank.

Order:

1. 2 years imprisonment

2 years of which is suspended for 2 years.

2. Fine of $2,000.00 payable by 3.00 pm Tuesday 17 May 1994 at the High Court Registry. In default, 6 months imprisonment to be served consecutive to the one (1) year.
   
3. The whole of the fine to be applied under s.156(1)(b) Criminal Penal Code as compensation to the ANZ Bank.
   

(G.J.B. Muria)
CHIEF JUSTICE