IN THE SUPREME COURT OF SAMOA
Police v Mikaele [2014] WSSC 132

Case name: 	Police v Mikaele	
		
Citation: 	[2014] WSSC 132	
		
Decision date: 	28 April  2014	
		
Parties: 	Police (Prosecution)
Ofisa Mikaele, male of Vaiusu. (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	The defendant will be convicted and ordered to perform 100 hours of community service under the direction and supervision of the probation office.  In addition to that you will make restitution of the $602.00 that you stole from the complainant.  And I will give you a period of time to carry out that restitution.  You are ordered to make restitution of that amount to the complainant within three months of todays date in default you will serve 3 months in prison.  If the complainant does not wish to accept this restitution then I direct that the money be applied to the expenses of the community service program of the probation office.	
		
Representation: 	O Tagaloa for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	OFISA MIKAELE, male of Vaiusu.
Defendant

Counsel:	O Tagaloa for prosecution
Defendant unrepresented

Sentence:	28 April 2014

SENTENCE
1.	Ofisa appears for sentence on eight (8) counts of burglary and eight (8) counts of theft.  The police summary of facts which he admitted this morning says he is 26 years of age of Vaiusu married and works as a grounds keeper for the complainants wifes parents.  The complainant owns a shop located in NPF Plaza in town.  The complainant and the defendant therefore know each other very well as the defendant has been working for the complainants wifes family for over 10 years.  
2.	It appears that what happened is that in January this year the complainants mother in law misplaced a set of keys for the complainants shop.  She asked the defendant to help her look for the keys.  The defendant found the keys but did not tell anyone about it or return the keys to the complainant.  On eight separate occasions during the month of February and March 2014 the defendant used these keys to go into the complainants shop and steal money from the cash register.  In this way he stole a total sum of $602.00.  Because money was going missing the complainant became suspicious and installed cameras in his shop.   The cameras caught the defendant and his activities.  It only goes to show that the security camera is becoming a new weapon to catch thieves who steal from their employers.  
3.	The complainant appeared before the court this morning and told the court that the matter between him and the defendant has been reconciled.  He has accepted the defendants apology and has petitioned the court to exercise leniency for the defendant and not send him to prison.  The defendant is currently in prison having been remanded in custody for these matters.  He tells me that he has learnt a lesson from that and that he will not do this sort of thing again.  Of course those are just words, very easy to say especially Ofisa since for you today is judgment day for these charges.  The real question is whether in fact you will not do this again and whether in fact you will steal from someone else again in the future.  
4.	I note that your history is you are a first time offender. There is a good probation office pre-sentence report on you it speaks well of your tautua and your upkeep of your family.  The probation office interviewed your sister and she speaks highly of you. Obviously the complainant  thinks something of you that is why he took the time to travel to appear before the court and petition the court for leniency.  You have a clean police record and you have apologised to the court for carrying out these criminal activities.  
5.	In considering all the circumstances of your matter Ofisa I have come to the conclusion that no further imprisonment penalty is required for your case.  I am going to give you the chance that the complainant asked for.  Do not be like the last guy who was standing in that box who failed to use that chance.  Because Ofisa I can guarantee you if you become like that fellow you will suffer the same fate.  Atonu ua manino lea tulaga i lau susuga Ofisa? (Defendant said yes).  
6.	The defendant will be convicted and ordered to perform 100 hours of community service under the direction and supervision of the probation office.  In addition to that you will make restitution of the $602.00 that you stole from the complainant.  And I will give you a period of time to carry out that restitution.  You are ordered to make restitution of that amount to the complainant within three months of todays date in default you will serve 3 months in prison.  If the complainant does not wish to accept this restitution then I direct that the money be applied to the expenses of the community service program of the probation office.  O isi tulaga o lou fa’anofo va’ava’aia le alii ofisa lea e alala mai.  A maea ona fai lea o se lua tala e fa’amalamalama atu i lau susuga isi tulaga o le taimi lea e te nofo va’ava’aia ai i lalo o le latou ofisa.  E iai se mea e le’o manino i le fa’aiuga o lau mataupu Ofisa? (Defendant indicated he understood).  Faafetai ua maea.

JUSTICE NELSON