Police v Sofa'i [2015] WSSC 225 (9 March 2015)

IN THE SUPREME COURT OF SAMOA
Police v Sofa’i [2015] WSSC 225

Case name:	Police v Sofa’i
Citation:	[2015] WSSC 225
Decision date:	09 March 2015
Parties:	POLICE (Prosecution) IOELU SOFA’I, male of Tufuiopa, Vaoala and Vavau.. (Defendant)
Hearing date(s):	-
File number(s):	S4369/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the offence of theft as a servant you are convicted and sentenced to 12 months in prison. Remand in custody time to be deducted.
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:

IOELU SOFA’I, male of Tufuiopa, Vaoala and Vavau.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 09 March 2015

SENTENCE

1. The defendant in this case has pleaded guilty to one count of theft as a servant. The police summary of facts which he admitted this morning says he is a 22 year old male of Vavau and was at the time employed at the Chan Mow Supermarket at Matafele. Chan Mow is the complainant.
2. On Monday, 08 December last year at about 3:00 pm in the afternoon he came by taxi cab to the back of the Chan Mow Supermarket between the ANZ parking lot and the McDonalds drive through. In that area is a stored container belonging to the supermarket. The defendant got out of the taxi broke into the container and loaded eight (8) boxes of chicken franks sausages into the taxi. He got into the taxi and was dropped off at the bus stop at Savalalo. Each box of chicken franks is valued at $69.00 making the total value of what the defendant stole $556.80.
3. This is not the first time Ioelu has done this sort of thing. His record includes a previous conviction in 2013 for this very offence of theft as a servant. On that occasion the court gave him a chance and did not send him to prison it imposed a monetary fine. And when I sentenced you in 2013 I told you this.
   

“Ae nofouta o le avanoa o le avanoa lava mo le aso. E uma foi ii le avanoa e tuu atu e le tulafono ia oe. A e toe faia se mea faapea i seisi kamupani poo seisi tagata toe molia mai oe i luma o le faamasinoga ia sau ma le faamoemoe i le tulaga o le a oo iai le mataupu.”

Sa ou fesiligia foi lau susuga pe te malamalama lelei i le tulaga lea. O lau tali lea e faamau i le faila – “Ioe.”

4. The defendant has asked the court for another chance. He has already had that chance. In fact he had had two chances from the court because he also has a previous conviction in 2010 for theft. As the palagi says in the advertisement - “ua uma.”
5. The maximum penalty for this offence is 10 years in prison. Considering all the circumstances of your matter in particular the value of the goods stolen, a 12 month start point for sentence is appropriate. That should be uplifted to 15 months because of your previous convictions. The only deduction you are eligible for is for your guilty plea. For that I will deduct 3 months, leaves a balance of 12 months in prison. There has been no restitution or payment for the goods in question or even an apology to the company so you cannot receive any credit for those matters Ioelu.
6. On the offence of theft as a servant you are convicted and sentenced to 12 months in prison. Remand in custody time to be deducted.
   

JUSTICE NELSON