Police v Ioane [2014] WSSC 130 (28 April 2014)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2014] WSSC 130

Case name:	Police v Ioane
Citation:	[2014] WSSC 130
Decision date:	April 2014
Parties:	Police (Prosecution) Amoora Papalii Ioane, male of Maagao and Faatoia. (Defendant)
Hearing date(s):	-
File number(s):	S740/14, S741/14, S742/14, S743/14, S744/14,S745/14, S746/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charges of burglary you will be convicted and sentenced to 3 years in prison for each charge but terms are to be served concurrent and your time in custody awaiting sentence is to be deducted. In respect of the charges of theft they each carry a 7 year maximum penalty. On charge S744/14 theft of $2,000.00 you will be convicted and sentenced to 2 years in prison. On the charge S743/14 theft of $1,000.00 one year in prison. Charge S745/14 theft of $2,000.00 2 years in prison. All those terms are to be served concurrent to each other and to the term for burglary. It means that for the current burglary and theft charges you will receive a prison term of 3 years minus your remand in custody time awaiting sentence. In relation to the charge you were sentenced upon last year of indecent assault. On that charge you were given a suspended sentence for 2 years, you have now reoffended within the 2 year period. People who are given chances should use them, you did not use it, you now need to be re-sentenced on that charge. On that charge you will be convicted and sentenced to 6 months in prison. Because that is a different matter and a different charge that sentence is cumulative to your 3 year term for the burglary and theft.
Representation:	O Tagaloa for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

AMOORA PAPALII IOANE, male of Maagao and Faatoia.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 28 April 2014

SENTENCE

4. The defendant appears for sentence on four charges of burglary and three of theft. The police summary of facts which the defendant admitted this morning states he is 27 years old from the villages of Faatoia and Maagao in a defacto relationship with two children and employed as a security guard. The complainant is Ace Hardware Company Limited. At the time of the offending the defendants employer had been hired by the complainant as security.
5. The summary says that on the 31^st of December 2013 the defendant was on duty at the Ace premises at Saleufi. About 11:00 pm he used a nail to unlock the door to the companys offices, entered the offices and stole $2,000.00 from the companys cash bag stored in the safe in the office. On the 10^th of January 2014 the defendant was again on duty at Saleufi. He did the same thing and this time took $1,000.00. On the 3^rd of February 2014 again he was on duty at the Ace premises at Saleufi. Again at night he entered the companys office and stole $2,000.00 from the companys safe. The final incident occurred on 09 February 2014 when he was again on duty but this time as security officer for SOS at Togafu’afu’a. At about 12:30 am he walked towards the ace premises at Saleufi and asked to use the bathroom. When he got to the ACE premises he noticed the security guard on duty was asleep. So he again broke into the companys office but this time there was no cash inside the safe. The defendant then left the premises and returned to work at SOS Limited.
6. The defendants offending came to light when the company discovered monies were missing and when they reviewed the camera footage inside the office it showed the defendants activities. The total sum of money taken by the defendant was Samoan $5,000.00. The defendant was arrested by the police and as a result faces the four charges of burglary and three of theft. The summary of facts which the defendant has admitted also says that the defendant used the money for alcohol and food.
7. This is a case of theft of a substantial sum of money by a security guard. Security guards are entrusted by a company to prevent people from stealing. They are the last line of defence of an employer. They are trusted by the employer to prevent what the defendant was doing. This makes the defendants theft more serious. There is no doubt that your offending was planned and pre-meditated. You carried it out late at night when you were the only guard on duty. You committed it not once but four times. On three occasions you took substantial sums of money from the company safe.
8. Theft by people who work for other people is very prevalent in our country. Because of that the usual penalty the court imposes is to send people to prison. The message must be that if you do this you will end up there. There is no question in my mind what you did must be met by penalty of imprisonment, especially Amoora since you have already received a chance from this court.
9. On the 15^th of July last year this defendant appeared on a different charge before this court. On that occasion I did not send the defendant to jail he was given a suspended sentenced for 2 years on condition he did not reoffend. The actual words I used in his sentencing are recorded: “A toe molia mai oe i totonu o le 2 tausaga i so’o se mataupu ua toe laga loa le mea lea ma fai atu loa iai se fa’aiuga a le fa’amasinoga, ua e malamalama?” O lau tali na tu’u mai i le aso lena “Ioe ua ou malamalama”.
10. The defendant has reoffended within that two (2) year period. What I told you at that time was not mere words, they were real words Amoora and you are now going to be re-sentenced for that offence as well as for your current crimes. Firstly your current offending.
11. On the charge of burglary the maximum penalty is 10 years in prison. Considering all the circumstances of your matter an appropriate start point for sentence is 4 years. From that you are entitled to a deduction for your guilty plea, for that I deduct one-quarter of your sentence a period of one year leaves a balance of three years. Because your guilty plea has saved the courts time. You qualify for no other deduction because you are not a first offender and no apology or restitution has been effected in this matter. If you had done those things I would have made further deductions but the pre-sentence report shows you did neither.
12. On the charges of burglary you will be convicted and sentenced to 3 years in prison for each charge but terms are to be served concurrent and your time in custody awaiting sentence is to be deducted.
13. In respect of the charges of theft they each carry a 7 year maximum penalty. On charge S744/14 theft of $2,000.00 you will be convicted and sentenced to 2 years in prison. On the charge S743/14 theft of $1,000.00 one year in prison. Charge S745/14 theft of $2,000.00 2 years in prison. All those terms are to be served concurrent to each other and to the term for burglary. It means that for the current burglary and theft charges you will receive a prison term of 3 years minus your remand in custody time awaiting sentence.
14. In relation to the charge you were sentenced upon last year of indecent assault. On that charge you were given a suspended sentence for 2 years, you have now reoffended within the 2 year period. People who are given chances should use them, you did not use it, you now need to be re-sentenced on that charge. On that charge you will be convicted and sentenced to 6 months in prison. Because that is a different matter and a different charge that sentence is cumulative to your 3 year term for the burglary and theft.
    

JUSTICE NELSON