Police v Faaui [2008] WSSC 104 (15 December 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

KIRIONA FAAUI
male of Vaoala and Patamea Savaii
Accused in person

Counsel: Ms Faumuina-Tuuga and Ms Su’a for the prosecution
Accused in person

Sentencing Date: 15 December 2008

SENTENCE BY JUSTICE VAAI

Defendant what I said to the last defendant who appeared for sentence on the charge of theft as a servant also apply to you.

You are 22 years of age; you are single and currently unemployed as a result of your offending. You were previously employed by Myna’s Mini Mart at Vaoala. Between July and October of this year, you stole 72 Digicel phone cards valued at $5 tala and $20 tala. The total cost of those cards was $560. When those cards were recovered you had only used 2 cards. You stole those cards when you swept the Mini Mart shop just before closing and you took them to the back of the Mini Mart where your employer was kind enough to accommodate you. Your room was searched and the cards were found. You were then charged and you were also dismissed.

I have read the probation report prepared on your behalf. The probation service after considering the circumstances of this case have requested some form of sentence which requires supervision, rather than a custodial sentence. Given the cost of the cards which I consider to be very small and your culpability which is on the lowest end of the scale, I am prepared to accept the recommendation by the probation service.

For this offence you are convicted and placed on probation for a period of 12 months on conditions that you perform 50 hours of community work. And you are also ordered to pay costs of the prosecution of $200 to be paid within 2 months under the supervision of the probation service.

JUSTICE VAAI