Police v Ioane [2019] WSSC 74 (29 April 2019)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2019] WSSC 74

Case name:	Police v Ioane
Citation:	[2019] WSSC 74
Decision date:	29 April 2019
Parties:	POLICE v TAMARA SU’A IOANE, female of Alamagoto & Siusega.
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The accused is convicted and sentenced to seven (7) months’ supervision.
Representation:	V. Faasii for Prosecution Accused self-represented
Catchwords:	theft as a servant – hotel employee – full reparation made – breach of trust – first offender – early guilty plea – supervision term
Words and phrases:
Legislation cited:	Crimes Act 2013 ss. 161; 165(3)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

TAMARA SU’A IOANE, female of Alamagoto & Siusega
Accused

Counsel:
V. Faasii for Prosecution
Accused self-represented

Date: 29 April 2019

S E N T E N C E

1. The accused appears for sentence on the charge of theft as a servant^[1] while working for the Sheraton Hotel at Vaisigano.
2. The summary of facts was read out and confirmed by the accused:
   • (i) The accused was employed as a Guest Service Manager for Sheraton Hotel at Vaisigano. She was given $2000 float for their daily operations. The hotel policy is that money that is leftover at the end of each day is to be kept in a safe deposit box.
   • (ii) The hotel carried out a random audit for all cashiers and found that $1,606.96 was unaccounted for by the accused for the ‘float’ money given.
   • (iii) The amount is the money that the accused has pleaded ‘guilty’ to taking.
3. The accused is 33 years old, of Alamagoto and married. The accused has a good educational background starting employment in New Zealand in the tourism sector. She moved back to Samoa sometime in 2011 and worked at the Orator Hotel and then Sheraton Hotel.^[2]
4. The victim impact report from the HR Manager of Sheraton confirms that the accused fully repaid the money on 05 February 2019. The HR Manager also said that the accused has been terminated from her position and no longer works at the Sheraton Hotel. The Hotel had to also recruit and invest in the training of new employees.
5. The HR Manager accepts that the accused is remorseful for her actions and prays for the Court’s mercy upon the accused. The HR Manager acknowledged that the accused is very capable and will have a bright future ahead if she takes this incident as a valuable lesson for her to always be mindful that in carrying out work, one must hold integrity in high regard and also personally, to try and live within her means.
6. The accused has definitely breached the trust of her employer and the offending suggests that it was intended and there was also an element of a ‘cover up.’
7. The accused is a first offender and has pleaded guilty.
8. The Prosecution recommends a non-custodial sentence of 12 months’ supervision. I agree to a non-custodial sentence but not to the length recommended given that the money has been fully repaid, the mitigating factors and what the HR Manager says in the victim impact report of the counsel.
9. The accused is convicted and sentenced to seven (7) months’ supervision.
   

JUSTICE TUATAGALOA

---

^[1] Sections 161 & 165(3), Crimes Act 2013.
^[2] Pre-sentence report.