Police v Faimoa [2019] WSSC 42 (18 July 2019)

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Case name:	Police v Faimoa

Citation:	[2019] WSSC 42

Decision date:	18 July 2019

Parties:	POLICE v ASONEI FAIMOA female of Sataoa Safata.

Sentencing date(s):	18 July 2019

File number(s):

Jurisdiction:	Criminal

Place of delivery:	Supreme Court of Samoa, Mulinuu

Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE

On appeal from:

Order:	- On both charges before the court you are accordingly convicted and sentenced to 12 months supervision and ordered to: - Carry out 120 hours of community work with the Samoa Victim Support Group and if they do not accept you for community work then as otherwise directed by the probation service; and - To attend such programs as otherwise directed by the probation service.
Representation:	L Faasii for Prosecution Accused self-represented

Catchwords:	aggravating features of the offending – burglary – theft

Words and phrases:	breach of your employer’s trust invested in you; the victim of your offending was a tourist - this type of offending has the effect of damaging Samoan’s reputation as a tourism destination.
Legislation cited:

Cases cited:

Summary of decision:

[1] Asonei, you appear for sentence on one charge of burglary and one charge of theft.

[2] According to the Summary of Facts on the 3rd April 2019, the complainant and her partner were staying at the Samoana Resort at Salamumu. Sometime during that day the complainant and her partner decided to visit the Apia market for site seeing. At that time, you were working your shift at the Samoana Resort. You went into the complainant’s room and entered the room without lawful authority and there you stole various items to a total value of $499.08. You then exited the room. You told me yesterday that you went and placed the stolen items behind the hotel room. The police recovered the items in the course of their investigation.

3] You are a female of Sataoa Safata. At the time of your offending you were employed at the Samoana Reef Resort as a cleaner. According to your Pre-Sentence Report you attended Sataoa Primary School and then Safata College. You then attended Leififi and went on to the National University of Samoa. But did not complete your course at the National University. In 2019 you were hired as a waitress and bartender at the Samoana Reef Resort accordingly to the probation report. You are a 24 year old single mother with two children. You told me yesterday your children are age 5 years of age and 3 years of age. You are no longer together with the children’s father. You are a first offender. You have references in support of your character attached to the pre-sentence report.

[4] The victim of your offending is a female of Auckland New Zealand. She was a tourist in Samoa holiday with her partner at the Samoana Reef Resort at the time of your offending.

[6] In terms of the mitigating features the only mitigating feature of your offending is that the goods were recovered.

[7] In terms of the aggravating features personal to you there are none. You are a first offender.

[9] I also take into account your personal circumstances including that you have two children aged 5 and 3 and you are separated from their father. Asonei, significant trust was placed in you by your employer that you would not steal from the guests of the hotel. A particularly important and trusted role that any hotel is that of cleaners because they can have access to hotel rooms and access to the personal possessions of guests kept in the room. I have no doubt that your offending was upsetting for your victim and her partner who came to Samoa to enjoy Samoa as a holiday destination. Instead when they return to their room after a trip to Apia they found that their personal items had been stolen. They had to report the matter to management and possibly deal with police and what was supposed to be an enjoyable time in Samoa. I also have no doubt that your action would have been upsetting for your employer

[10] Your actions can damage the reputation of a hotel as well as Samoa as a tourism destination. This can have a significant impact for the hotel and tourism in Samoa if Samoa becomes a tourism destination where tourists are burgled and stolen from regularly.

[11] Prosecution submits that a non-custodial sentence is appropriate. I have considered the authorities that I have been referred to by prosecution and your case is different because you were employed as a hotel cleaner, breached the significant trust vested in you and then you burgled and stole from the hotel guests when you were supposed to support. A deterrent sentence is warranted to deter you and others from committing this type of offending.

[12] Ordinarily I will impose a custodial sentence for your offending. However, in your circumstances and after hearing from you yesterday, you are genuinely remorseful and unlikely to commit this offending. In particular, I bear in mind your personal circumstances including your two young children. Your two children and you are a single mother. I take into account the needs of your children in sentencing you as well as the fact that the items stolen by you were retrieved. I therefore decided that a non-custodial sentence in those circumstances will be impose.

[13] On both charges before the court you are accordingly convicted and sentenced to 12 months supervision and ordered to:

[14] Asonei, use this opportunity that you have been given today. Do not re-appear back before the court for similar offending because the next occasion you will most likely end up in prison.

Supreme Court of Samoa

Police v Faimoa [2019] WSSC 42 (18 July 2019)