Police v Mika [2015] WSSC 85 (21 July 2015)

SUPREME COURT OF SAMOA
Police v Mika [2015] WSSC 85

Case name:	Police v Mika
Citation:	[2015] WSSC 85
Decision date:	21 July 2015
Parties:	POLICE (prosecution) v IOSE MIKA (accused) male of Fausga and Vaiusu
Hearing date(s):
File number(s):	S4357/14
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- The accused is given a suspended sentence of 7 months
Representation:	R Titi for prosecution Accused in person
Catchwords:	Theft as a servant – making false accounting – maximum penalty – guilty – suspended sentence
Words and phrases:
Legislation cited:	Crimes Act 2013s.161 s.165 (e), and (b) s.198 (a)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S4357/14

BETWEEN

P O L I C E
Prosecution

A N D

IOSE MIKA male of Fausaga & Vaiusu
Accused

Counsel:
R Titi for prosecution
Accused in person

Sentence: 21 July 2015

S E N T E N C E

The charges

1. The accused appears for sentence on (a) two charges of theft as a servant, contrary to s.161 of the Crimes Act 2013, each of which carries a maximum penalty of 10 years imprisonment pursuant to s.165 (e), and (b) two charges of making false accounting entries, contrary to s.198 (a) of the Act, each of which carries a maximum penalty of 7 years imprisonment.

The offending

2. At the material times, the accused was employed as a bar tender by the newly established Return to Paradise Resort at Matautu, Lefaga. On 2 November 2014, the accused received a cash payment of $174 from a customer as payment for food and beverages. The accused kept the money for himself but made a false entry in the records of the Resort for the food and beverages as charges to be billed under the customer’s room. When the customer was checking out of the Resort, he saw the same food and beverages on his bill. He complained to the management of the Resort and it was discovered that the money paid to the accused had been kept by the accused who had made a false accounting entry in the records of the Resort.
3. On the same day, the accused had also received a cash payment of $1,283 from a customer for food and beverages. The accused only recorded a payment of $973 and took the difference of $310 for himself.

The accused

4. The accused is a 39 year old married man with one child. The pre-sentence report shows that the accused has had a good employment history. His previous employments include jobs at Stevenson’s Hotel at Manase in Savaii, Sinalei Resort at Siumu, and the Tanoa Tusitala Hotel in Apia . He is also a first offender and the character testimonials from his older brother, the pastor of his church, and the pulenuu of the village all show that the accused had been a person of good character prior to the commission of these offences.
5. When these offences happened, the owner of the hotel and his wife were overseas. When they returned, they reinstated the accused who had been dismissed by the person who was looking after the Resort during their absence. The accused is therefore now back at work with his former employer.

Discussion

6. Given that the accused is a first offender and had been person of good character prior to the commission of these offences, his good past employment history, the relatively small amount of money that was involved, and the fact that he has been reinstated by his employer, I will not impose a custodial sentence.

Result

7. The accused is given a suspended sentence of 7 months.

CHIEF JUSTICE