Police v Faaita [2011] WSSC 57 (28 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

UILI LIVE male of Satapuala and
MATHEW FAAITA male of Maagiagi.
Defendants

Counsels: Ms T Toailoa and F E Niumata for prosecution
Mr P L T Masepau for defendants

Sentence: 28 February 2011

SENTENCE

This is a case of two defendants appearing for theft not of money but of beer. Beer not belonging to them but belonging to their employer the Samoa Breweries Company Ltd for whom they worked as machine operators. The summary of facts indicates that after working a late shift they decided to quench their thirst by helping themselves to the beer and taking four crates home. Four crates valued at $270.00. As a result Uili and Mathew you are now face theft of a servant charges which carries a maximum penalty of 7 years in prison. And I am sure you have heard from the previous cases this afternoon what can happen to people who face this charge.

The normal policy of the court is to send people to prison for this sort of offence. What makes your offence serious is because you obviously both planned what to do and then you carried out your plan. And I am not impressed with the fact that you have made no effort to pay back your employer the $270.00 worth of goods at least in money form. A person who is sorry usually shows he is sorry by making good the theft that he committed. I can tell you that if your theft had been larger I would have had no problem sending you to jail.

Ua manino ia oulua le tulaga lea? (defendants indicated they understood) However I will concede to what your lawyer has submitted because this is your first offence and you both pleaded guilty. And I will accept that you made an apology to palagai (European) representatives of the complainant company even though that has not been confirmed in writing to the court because they have left the country. Because of all those factors no prison penalty will be imposed for your matter today but I give you a clear warning gentlemen, you do this sort of thing again you can come expecting a different result.

In respect of this matter Uili and Mathew you will both be convicted and ordered to pay the following sums: a fine of $100.00, police costs of $50.00, probation office costs of $50.00, restitution of $90.00 each, the total sum of $290.00 is to be paid by 12 noon tomorrow the 01st of March 2011 in default 2 months in prison.

............................
JUSTICE NELSON