Police v Faleata [2016] WSSC 36 (16 March 2016)

IN THE SUPREME COURT OF SAMOA
Police v Neemia FALEATA [2016] WSSC 36

Case name:	Police v Neemia FALEATA
Citation:	[2016] WSSC 36
Decision date:	14 March 2016
Parties:	Police (Informant) and Neemia FALEATA, male of Alamagoto & Safune (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusāmanaia Justice Mata Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to eight (8) months’ supervision with the following conditions: a) 40 hours’ community service; attend a six week educational program on the use and effects of alcohol; c) not to re-offend; and d) Any other as directed by Probation.
Representation:	Ms F Ioane for the Prosecution Defendant appears in Person
Catchwords:	Theft as a servant – all stolen property recovered – first offender – term of supervision (non custodial sentence)
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

NEEMIA FALEATA, male of Alamagoto & Safune
Defendant

Counsel:
Ms F Ioane for the Prosecution
Defendant appears in Person

Sentence: 14 March 2016

SENTENCING OF JUSTICE TUATAGALOA

1. You are appearing for sentence on a joint charge of theft as a servant which carries a maximum penalty of 10 years’ imprisonment.
2. The co-defendant, Faatui Faamoemoe, has been referred to the Alcohol and Drugs Court as he was found suitable while you were not found suitable for the Alcohol and Drugs Court. That means the co-defendant has an alcohol abuse problem and you don’t.

The offending:

3. You have confirmed the summary of facts by prosecution which basically says that:
   • You were employed by the Samoan Breweries Limited. On 17 December 2015, you and your co-defendant planned to steal 30 crates of small Vailima beer from Samoan Breweries Limited.
   • You with your co-defendant first moved the 30 crates from the conveyor into a storage room to be loaded on to the co-defendants vehicle some time later on that day.
   • Later on while you were moving the crates from the storage room to the vehicle, the supervisor found you and the co-defendant and the matter was reported to Police.
   • All 30 crates were recovered and returned to Samoan Breweries Limited.
4. You are 23 years’ old, married from Alamagoto with two children. You are a first offender. Your wife told Probation that your involvement in this matter is out of character and that you are a loving and caring husband. You reached Year 12 at college and managed to find work with Samoan Breweries Limited earning a fortnightly salary of $500.
5. You regretted your involvement and have told Probation you are remorseful. So you should be because now you are no longer employed and therefore no longer earning to help with your young family.
6. You were referred for alcohol screening by the Alcohol and Drugs Court Clinician and although you were found not suitable for the Alcohol and Drugs Court, the clinician nevertheless recommended that you attend a six (6) week educational program on the use and effects of alcohol.
7. Given your first offender status which is indicative of your previous good behaviour and what your wife said that your involvement in this offending is out of character and that you are only 23 years’ old with a young family, the Court will consider a term of supervision with conditions as an appropriate sentence rather than a custodial sentence as advocated by prosecution.
8. You are convicted and sentenced to eight (8) months’ supervision with the following conditions:
   1. 40 hours’ community service;
   2. attend a six week educational program on the use and effects of alcohol;
   100. not to re-offend; and
   4. Any other as directed by Probation.
      

__________________________
JUSTICE TUATAGALOA