Police v Ioane [2015] WSSC 212 (18 December 2015)

SUPREME COURT OF SAMOA
Police v Ioane [2015] WSSC 212

Case name:	Police v Ioane
Citation:	[2015] WSSC 212
Decision date:	18 December 2015
Parties:	Police (prosecution) and Valelia Ioane, female of Lefagaoalii Safune (defendant)
Hearing date(s):	-
File number(s):	S1240/15 and S1130/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Vaai
On appeal from:	-
Order:	For this offence you are convicted and placed on Probation for 12 months. A condition of Probation is that you do 30 hours of community work.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Theft as a servant – remorse – Probation conditions.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

VALELIA IOANE female of Lefagaoalii Safune
Defendant

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 18 December 2015

S E N T E N C E

1. Defendant I will now sentence you on the basis of theft as a servant, namely stealing monies totalling $1500 between April and December 2014.
2. I know you have pleaded guilty to the charge of theft but these monies were taken after you have asked permission and received approval from your supervisor. Which also indicates that at the time you took the money you had the intention to repay as it was to be a debt owing by you. So although you have pleaded guilty to theft those are the factors that I will take into account in sentencing you. And I am sure if those factors were known to the prosecution before this morning they would not have made the same recommendation which they have made.
3. In any event theft by employees from their employers is on the rise at an alarming rate. It is so prevalent that this court has on several occasions in the past issued warning that a custodial sentence must always be imposed unless there are special circumstances. Whether a custodial sentence should be imposed depends on the culpability of the offender. In other words it depends on circumstances surrounding your offending.
4. You are 25 years of age and you are the third of the 8 children of your parents. I have read the pre-sentence report and you appear to be a very intelligent young woman. Your strive for University studies to be completed was brought to a halt due to the financial position of your parents. Eventually you returned to your village to look after your sick mother and when she got better you found employment with the complainant, in this matter, in February 2014.
5. It is obvious from the Probation report that the money stolen were not for yourself but the need for your family. But it also obvious from the probation report and the letter from your previous employer as well as what you have told the court that when you wanted money you first sought the approval of your superior. Unlike many defendants who appeared in Court for theft the money you took was not for yourself but for the need of your family. That money has been repaid. You have shown remorse. I accept your apology to the Court. I am satisfied that a custodial sentence is not warranted.
6. For this offence you are convicted and placed on Probation for 12 months. A condition of Probation is that you do 30 hours of community work.

JUSTICE VAAI