Regina v Onga [2017] SBMC 23; Criminal Case 407 of 2016 (20 June 2017)

IN THE CENTRAL MAGISTRATE’S COURT )
OF SOLOMON ISLANDS AT HONIARA )
(Criminal Jurisdiction)

Criminal Case No. 407 of 2016

REGINA
-v-
PHILIP ONGA

Date of Hearing: June 20, 2017
Date of Sentence: June 20, 2017

Mr. I. Kekou for prosecution
Mr. D. Kwalai for the accused

SENTENCE

1. Philip Onga (‘accused’), pleaded guilty to the theft of $65,000, money owned by his employer – QQQ Holding Limited. This is contrary to section 273 (a) (i) of the Penal Code. This is a felony and one that carries a maximum penalty of 14 years imprisonment.
   
2. He comes from Gwaunatafu village in West Kwara’ae in Malaita Province. He is single and has no prior conviction. He works as a driver for QQQ Holdings Limited since October 2015 and even during the time of the offending, and following his detention, he is now unemployed.
   
3. The facts of the case revealed that about 8:30am on 24^th May 2016, two females, Delma Auogi and Barbara Tiuti, who also worked with him for the same company were given $73, 135 by the accountant of the company for deposit at the BSP Bank at Point Cruz in Honiara.
   
4. That money consisted of $65,000 hard cash and $8,135 in cheque.
   
5. The accused was tasked to transport them to the bank. About 9:00am on the same morning, they all boarded a hilux and heading towards the Point Cruz area. As they approached Lilly Clothing Shop at Point Cruz, they requested the accused to stop so that they would go and look at the clothes inside Lilly Clothing Shop.
   
6. They stopped at CDL shop and Barbara went inside one of the shops while the accused and Delma went into Lilly Clothing. They left the basket containing the money inside the vehicle and locked it while they disembarked the vehicle.
   
7. When Delma was busy looking for clothes, the accused sneaked out of the shop and silently returned to the vehicle. He quickly opened the door, opened the basket containing the money, took $65,000 cash and escaped. He, however, left the cheque with the basket inside the vehicle.
   
8. After a while, Barbra and Delma came out of the shops and returned to the vehicle but the accused was not inside the vehicle. They also found the other doors were locked except for the driver’s door.
   
9. They opened the door and discovered the entire cash inside the basket was already removed except for the cheque that remained in the basket.
   
10. The accused escaped all the way to his village and was hiding from police thereafter. Police later arrested him at his home village at Gwaunatafu in Malaita and was brought over to Honiara for prosecution.
    
11. It is clear from the facts that the money stolen by the accused is too significant. Also, there is an element of trust that is reposed on the offender by virtue of his employer-employee relationship. I also noted the manner in which he had orchestrated the carrying out of the theft is very deceitful. Likewise, the financial loss that QQQ came to bear as a result of the theft also deserves consideration. These are the aggravating factors that are obvious from the offending.
    
12. During the course of the submissions, it appears that both counsels were settled on the minimum of 2 years imprisonment as the appropriate sentence for the accused.
    
13. I have considered that consensus and in my view, his culpability resembles the case of R v Kobi^[1] where the accused was sentenced by the High Court following a guilty plea to 2 ½ years imprisonment for stealing $65, 519.66 from Bowmans Ltd, being his employer.
    
14. The amount involved in the case of Kobi is almost the same as the present case. Likewise, it is also the same offence, involving stealing from employers and more so, in a business environment.
    
15. Other than to recreate/reinvent my own term of sentence, I decide to follow this sentence as it falls squarely on all fours for this case.
    
16. The accused is sentenced to 2 ½ years imprisonment. Presentence detention period is to be deducted from this term.
    
17. Right of appeal applies.
    

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Augustine Aulanga – Principal Magistrate

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^[1] [1995] SBHC 100