Police v Time [2020] WSSC 2 (14 January 2020)

SUPREME COURT OF SAMOA
Police v Time [2020] WSSC 2

Case name:	Police v Time
Citation:	[2020] WSSC 2
Decision date:	14 January 2020
Parties:	POLICE v MELE TIME female of Siusega.
Hearing date(s):	14 January 2020
File number(s):	S1929/19
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Clarke
On appeal from:
Order:	- Convicted and sentenced to 90 hours of community work to be performed at the Samoa Victim Support Group. If you are assessed as not suitable for community work at the Samoa Victim Support Group, then it is be carried out as otherwise directed by the probation service. - Do not reappear before the Court for similar offending. The outcome will most likely be very different to today. -
Representation:	V. Fa’asi’i for Prosecution Accused in person
Catchwords:	aggravating and mitigating factors personal- breach of trust -theft as a servant ––maximum penalty
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

MELE TIME female of Siusega.
Accused

Counsel:
V. Fa’asi’i for Prosecution
Accused in person

Decision: 14^th January 2020

O R A L S E N T E N C E

1. Mele, you appear for sentence on:
   • (i) One charge of theft as a servant which carries a maximum penalty of up to ten years imprisonment.

The Offending:

2. According to the prosecution’s summary of fact which you had accepted this afternoon, you were employed by the Farmer Joe Supermarket at Siusega. On Wednesday 11 September 2019, you received money in your role as a cashier. In your presentence report, you told the probation service that you held the supervisor role within the Farmer Joe Supermarket. In that role, you were an employee of Farmer Joe. You then stole $1,360.00 worth of money from your employer. Your theft was discovered after a spot check was carried out and the shortage identified.

The accused:

3. You are a 42-year-old female of Siusega. Your presentence report states you are the fourth of the eleven children. You completed school to college level. You lived in New Zealand for ten years. You returned to Samoa to care for your mother and began employment with Farmer Joe in 2017.

The victim:

4. The victim of your offending is the Farmer Joe Supermarket. Farmer Joe Supermarket is no stranger to this type of offending. This is common to Farmer Joe as well as well as most of the wholesalers in this country. In their victim impact report, it is confirmed that you have repaid all of the money stolen.

Aggravating and mitigating factors offending:

5. The aggravating factors in respect of your offending are as follows:
   • (ii) First, is your breach of trust which is inherent in this type of offending; and
   • (iii) is the amount stolen by you.
6. There are no mitigating features in respect of your offending.

Aggravating and mitigating factors personal:

7. There are also no aggravating features personal to you as offender you are a first offender.
8. In terms of the mitigating factors personal to you, I take into account the following:
   • (i) First, is your remorse;
   • (ii) Second, is your first offender status and prior good character;
   • (iii) Third, is your early guilty plea and;
   • (iv) Finally, is the full restitution paid to the victim company.
9. Theft as a servant is a prevalent offence in this community. It affects almost every wholesaler and supermarkets and businesses in Samoa. Despite knowing the seriousness by which this offence of theft as a servant is taken by the Court, you still went ahead and stole from Farmer Joe Supermarket. That was a very foolish thing to do. Prosecution is not seeking a custodial sentence. I agree with prosecution and today a non-custodial sentence will be imposed. You should however be very clear that should you reappear before the Court for this or similar type of offending, you should be prepared for likely an imprisonment term.

Result

10. In respect of the charge before the Court, you are convicted and sentenced to 90 hours of community work to be performed at the Samoa Victim Support Group. If you are assessed as not suitable for community work at the Samoa Victim Support Group, then it is be carried out as otherwise directed by the probation service.
11. Mele, do not reappear before the Court for similar offending. The outcome will most likely be very different to today.

JUSTICE CLARKE