Police v Matau'aina [2019] WSSC 5 (14 February 2019)

SUPREME COURT OF SAMOA
Police v Matau’aina [2019] WSSC 5

Case name:	Police v Matau’aina
Citation:	[2019] WSSC 6
Decision date:	14 February 2019
Parties:	POLICE v PAULO MATAU’AINA a.k.a PAULO TAGI male of Nofoalii and Faga Savaii
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted and sentenced to 7 months’ imprisonment. Any time he has spent in custody pending the outcome of this matter to be deducted from this sentence. -
Representation:	L. Su’a-Mailo for prosecution Accused in person
Catchwords:	aggravating features relating to the offending – aggravating features relating to the accused as offender – mitigating factors relating to the accused as offender – pleaded guilty at the earliest opportunity –starting point for sentence –theft as a servant– sentence
Words and phrases:
Legislation cited:	Crimes Act 2013, s.161, s.165(e).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

AND

PAULO MATAU’AINA a.k.a paulo tagi male of Nofoalii and Faga Savaii
Accused

Counsel:
L. Su’a-Mailo for prosecution
Accused in person

Sentence: 14 February 2019

S E N T E N C E

The charge

1. The accused appears for sentence on one charge of theft as a servant, contrary to s.161 of the Crimes Act 2013, which carries a maximum penalty of 10 years’ imprisonment pursuant to s.165(e). He pleaded guilty to the charge at the earliest opportunity.

The offending

2. According to the prosecution summary of facts confirmed by the accused, the accused was at the material time employed by the victim, which is a company situated at Togafuafua, as a cleaner. His duties required him to stay late hours to do his cleaning. On Wednesday night 21 November 2018 around midnight, the accused hid behind a kitchen door and waited for the owner of the company to leave. When the company owner left, the accused went to the counter where the victim company’s cash box was left and stole $200. He then stole the following additional items: (a) one bottle of Red Label whiskey valued at $90; (b) one bottle of Coruba rum valued at $80; and (c) three bottles of Oyster Bay wine valued at $42 each. The total value of the stolen properties including the cash is SAT$496. This incident was discovered when the owner of the victim company viewed the camera footages of the night of the offending and identified the accused stealing the items of property. The accused was apprehended by the police on 22 November 2018.

The accused

3. The accused’s supplementary pre-sentence report dated 01 February 2019 shows that the accused is single and 29 years old. At the material time, he was employed as a chef at the S’n’S Island Restaurant. This must have included cleaning up when the restaurant closed at night as stated in the prosecution summary of facts confirmed by the accused.
4. The supplementary pre-sentence report also shows that on 15 October 2013 the accused was convicted of three different counts of burglary and three related counts of theft and was sentenced to 15 months supervision and ordered to perform 100 hours of community work. On 27 April 2015, the accused was again convicted of burglary and theft and sentenced to
   10 months imprisonment. In 2017, he spent eight months in American Samoa returning to Samoa at the end of 2017. In October 2018 he was employed by the victim. I do not accept what the accused says that he is remorseful for his present offending.
5. The supplementary pre-sentence report also shows that the accused was under the influence of alcohol at the time of his present offending. The accused’s pre-sentence report dated 24 September 2013 shows that the accused is a heavy consumer of alcohol and cigarettes.

The aggravating features relating to the offending

6. The aggravating features relating to this offending are:
   • (a) breach of employer’s trust; and
     • (b) total value of the stolen properties plus the $200 cash.

The aggravating features relating to the accused as offender

7. The aggravating features relating to the accused as offender is his previous convictions for similar offendings in 2013 and 2015 which included theft.

The mitigating factors relating to the accused as offender

8. The only mitigating feature relating to the accused as offender is his early guilty plea.

Discussion

9. Having regard to the aggravating features relating to the offending, I will take 7 months as a starting point for sentence. I will add 3 months for previous convictions. That increases the starting point to 10 months. I will deduct 3 months for early guilty plea. That leaves 7 months.

Result

10. The accused is convicted and sentenced to 7 months’ imprisonment. Any time he has spent in custody pending the outcome of this matter to be deducted from this sentence.

CHIEF JUSTICE