Police v Sapati [2018] WSSC 17 (30 January 2018)

SUPREME COURT OF SAMOA
Police v Sapati [2018] WSSC 17

Case name:	Police v SAPATI
Citation:	[2018] WSSC 17
Decision date:	30 January 2018
Parties:	POLICE v POLOGA SAPATI male of Tulaele.
Hearing date(s):
File number(s):	S2010/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE CLARKE
On appeal from:
Order:	- In respect of the charge of theft as a servant you are convicted and sentenced to (1) 9 months supervision and you are to attend the Teen Challenge program as directed by the probation service; (2) you are ordered to carry out 80 hours of community work and; (3) you are not to re-offend whilst on supervision.
Representation:	L Sio for prosecution Accused in person
Catchwords:	breach of trust -theft as a servant, stole goods from employer,
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

A N D

POLOGA SAPATI male of Tulaele.
Accused

Counsel:
L Sio for prosecution
Accused in person

Sentence: 30 January 2018

S E N T E N C E

1. Pologa you appear for sentence on one charge of theft as a servant which carries a maximum penalty of up 10 years imprisonment.
2. According to the summary of facts accepted by you, on the 14 November 2017 between 8pm and 9pm you and two other work colleagues were backing the bakery’s goods onto the victim’s company lorry for delivery. After doing that you went back to work a short while later you then stole two boxes of chicken valued at $59.00 each. The total value of goods stolen by you was $118.00. You stole those goods from your former employer Farmer Joe Supermarket at Fugalei.
3. You are a 22 year old male of Tulaele. You completed school to year 13. You have held various jobs. At the time of your offending you were employed by Farmer Joe Supermarket. You now have other employment and are earning $136.00 per week. The victim of your offending is your former employer Farmer Joe Supermarket. Because of your offending the victim has to change its security protocols surrounding his store items.
4. The aggravating features of your offending are as follows;
   • Breach of trust. You breached the trust of your employer that was invested in you.
   • Premeditation. What is clear is that your theft was premeditated.
   • The prevalence of this offence in our community.
5. There are not mitigating features in respect of your offending. The aggravating factors personal to you as an offender is your prior conviction for theft. You have shown yourself to be dishonest and a thief. The mitigating factors personal to you is your early guilty plea.
6. Pologa on the 24 August 2016 you were sentenced for theft and given a suspended sentence. You are now appearing just 17 months later again for theft and this time from your former employer Farmer Joe Supermarket. As I said it is clear from what you told the Probation Service that your actions were considered and premeditated. You told probation that with another worker you plan a theft and then hid the boxes of chicken in the car that takes you home. You plan to feed your family with the stolen chicken. You certainly cannot be said to be a person of good character. You are a repeat thief and have shown that you have learned nothing from earlier appearance in Court for your earlier stealing. You would also know that theft from Farmer Joe by employees is also very common. You expressed remorse to the Court but express none to the probation service. You are only sorry that you have been brought before the Court again.
7. Prosecution has asked for you to be sent to prison and have asked that I start your sentence at 18 months imprisonment. The reason is that you are a repeat offender. Probation recommends that you be sentenced to a supervision term. I have decided to impose a sentence of supervision and community work on you to address the cause of your offending and to deter you and others from committing the same offence.
8. I should say to you Pologa that if you come back to Court again for stealing, you should be prepared to go to prison. Use the opportunity that I’m giving you at the programs to change your life and become a good person. It is possible for you to change but if you do not you know where you will end up.
9. In respect of the charge of theft as a servant you are convicted and sentenced to (1) 9 months supervision and you are to attend the Teen Challenge program as directed by the probation service; (2) you are ordered to carry out 80 hours of community work and; (3) you are not to re-offend whilst on supervision.

JUSTICE LEIATAUALESA DARYL CLARKE