Suspended sentence for thief who admitted stealing from warehouse [1]
Tuesday, September 7, 2021 - 18:26
A man who stole over $20,000 worth of goods from his employer in Nuku'alofa, was sentenced to three-years six-months imprisonment for serious housebreaking and theft. However, because he was a young first offender and had pleaded guilty, the judge showed leniency and suspended the sentence for three years.
Hon. Mr Justice Niu sentenced Kisione Tauvaka, at the Nuku'alofa Supreme Court, after he pleaded guilty to three counts of serious housebreaking and three counts of theft committed at each of three housebreakings, in February earlier this year.
The accused was employed by the business Adiloa Store in Nuku'alofa. The judge said, that business had a retail store at Kolofo'ou where it sold all types of household merchandise.
Adiloa's Store also kept stock warehouses at Kolomotu'a and Havelu. Both warehouses were locked and the key to the Havelu warehouse was kept at the Kolomotu'a warehouse, he said.
However, in May 2020, while the accused was working at the Kolomotu'a warehouse, he took the key of the Havelu warehouse without permission and went and opened the Havelu warehouse without permission.
He stole from there two stoves, three freezers and several floor mats and re-locked the warehouse and took the goods to his home at 'Utulau. He then returned the key of the Havelu warehouse to the Kolomotu'a warehouse without anyone at work knowing what he had done.
In June 2020, he did the same thing twice. The first was on June 16, 2020, when he stole washing machines, stoves, freezers and lights.
Then on June 18, 2020 he took washing machines, stoves, bicycles, freezers and lights. The total items and their values he took on the three occasions amounted to $22,934 pa'anga.
The judge said, the reason why the accused did this was because he thought he would not be found out.
"That was where you went wrong,” said the judge.
“The Courts have shown leniency to young first offenders in respect of property offences, which they commit because of that, and the reason for that is because if such young first offenders are sent to prison, they would have no fear any more of going to prison. There would be no deterrent for them not to commit another offence and they would commit them again and again, and again and so on for the rest of their lives."
“However, in this case the accused is young and a first offender and had a previous good record. He is likely to take the opportunity offered by the suspended sentence to rehabilitate himself,” he said.
The accused had also cooperated with the authorities and returned all the properties to the owner and furthermore, pleaded guilty and saved the police and his employer costs and time of attendance had there been a trial, among other factors.
The judge found that he was eligible for a suspended sentence, and the suspension would be for the longest period which the law provides, namely three-years due to the seriousness of the housebreaking and thefts committed.
"More importantly, this would keep you trouble free for much longer. You would be 23-years by then and be more mature and all the more responsible."
He then sentenced the accused to three-years six-months, which was fully suspended for three-years on conditions.