Police v Oloapu [2015] WSSC 232 (20 July 2015)

IN THE SUPREME COURT OF SAMOA
Police v Oloapu [2015] WSSC 232

Case name:	Police v Oloapu
Citation:	[2015] WSSC 232
Decision date:	20 July 2015
Parties:	POLICE (Prosecution) POASA OLOAPU, male of Vaisala Savaii and Letogo. (First Defendant) AND AKI LIMA, male of Satapuala and Sataoa. (Second Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of theft that you have pleaded guilty to convicted and sentenced to 12 months imprisonment each defendant. On the charge of intentional damage in respect of the defendant Aki convicted and sentenced on each charge to 3 months in prison. The defendant Poasa he only has one charge convicted and sentenced to 3 months in prison.
Representation:	Ms Amosa for prosecution Defendants 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:

POASA OLOAPU, male of Vaisala Savaii and Letogo.
First Defendant

AND:

AKI LIMA, male of Satapuala and Sataoa.
Second Defendant

Counsel: Ms Amosa for prosecution
Defendants unrepresented

Sentence: 20 July 2015

SENTENCE

1. The two defendants have pleaded guilty to a joint charge of theft and three (3) counts of intentional damage. The police summary of facts which the defendants both accepted this morning indicates the first defendant Poasa is a 46 year old male of Vaisala and Letogo. At the time he was employed as a security guard for Chan Mow.
2. Second defendant Aki is a 39 year old male of Satapuala and Sataoa at the time of the offending was also employed as a security guard at the Chan Mow premises. The complainant is Chan Mow Company Limited. There is a third defendant that was involved in this matter he has already been dealt with by the court. The fourth defendant Teofilo has pleaded not guilty. But according to the summary of facts the defendant has admitted on the 15^th of May 2014 they made a plan to steal goods from their employer using Teofilo’s car as the transport.
3. At about 10:00 pm on that day the three of them met at the company premises. Aki used a metal bar to pry open the two padlocks that secured cooler containers belonging to the company. His co-defendant Poasa used the same metal bar to pry open another container padlock belonging to the complainant company. The two of them then removed thirty one (31) boxes of turkey wings, four (4) bags of carrots and one (1) box of oranges. These items were carried away and sold by their co-defendant. Not content with that the summary says the defendants returned the same night to the premises of the victim company and stole another thirty (30) boxes of chicken legs. Total value of goods stolen by the defendants $3,994.90. As a result of these activities the defendants were charged with stealing of the goods belonging to the complainant company as well as damaging the padlocks of the containers. Charges to which Poasa and Aki have pleaded guilty.
4. This is a case of two security guards planning and executing a theft of properties belonging to their employers. I accept they are now both remorseful for what they did but such serious offending requires to be met by imprisonment penalties. The message must go out to all security guards. You are the last line of defence of an employer. Your job is to catch the thieves not become one. This was a severe breach of trust by defendants. And this was a substantial theft committed not once but on two occasions the same night.
5. The maximum penalty for theft by law is 7 years in prison. In the circumstances of this matter a 2 year start point is in my view appropriate. There are deductions however Poasa and Aki that you are qualified for which I will now make. For your guilty plea one-quarter of the sentence namely a period of 6 months, leaves a balance of 18 months. You both have good pre-sentence reports. You have good backgrounds of service to your family. You are both first offenders. You are entitled to a 6 month deduction for that leaves a balance of 12 months.
6. On the charge of theft that you have pleaded guilty to convicted and sentenced to 12 months imprisonment each defendant.
7. On the charge of intentional damage in respect of the defendant Aki convicted and sentenced on each charge to 3 months in prison.
8. The defendant Poasa he only has one charge convicted and sentenced to 3 months in prison. Peitai e tuli faatasi uma faasalaga nei Poasa ma Aki. O lona uiga e 12 masina lua te nofo sala ai i le falepuipui ao le taimi sa lua nofo taofia ai e faatalitali le faaiuga e tatau ona toesea mai le 12 masina lena.

JUSTICE NELSON