Police v Toomalatai [1999] WSSC 23 (22 November 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

MIRIAMA TOOMALATAI
aka MIRIAMA FAAPOPO
of Matautu-tai and Vaiala`
Defendant

Counsel: Ms H. Wallwork for the Prosecution
Mr Tuala K. Enari for the Defendant

Sentencing Date: 22 November 1999

SENTENCING REMARKS OF WILSON J.

Miriama Toomalatai also known as Miriama Faapopo, you are a 27 year old married woman. You are the mother of 1 young child. You are a former bank officer.

You have been convicted, following the entry of a plea of guilty, of 1 count of theft as a servant.

Between 6 August 1998 and 9 July 1999, you stole from the bank which had employed you for some 8 years. There were a large number of sums stolen. The sums stolen ranged from $100.00 to $2,500.00.

The total amount stolen was $15,800.00

Aggravating circumstances of your crime are as follows:-

1. & < You were in bref your posi position of trust.

2. &#T60; ffe oingndxteneed oved over a long period of 1ths.

3. ; ҈&ـ The total stal stal sum stum stolen olen was lwas large.arge.

There is no evidence before me to prove (or even to suggest) that you used the proceeds of offending on luxuries or high-living. It seems that you fouu found yourself heavily committed financially to family and church, and you became tempted to discharge your financial responsibilities using your employer’s money.

Regarding restitution, you have arranged for $1,000.00 to be paid. You hope to make further restitution payments, but that is, I think, a rather unrealistic expectation on your part, in all the circumstances.

The bank will, I think, have little prospect of recovering its loss in full.

I give you credit for your plea of guilty at an early stage, and I give you credit for the degree of co-operation you have shown with the bank and the prosecuting authorities. I give you credit for the remorse you have shown, and I give you credit for the saving of costs associated with a lengthy trial.

I give you a discount, so to speak, of 1/3^rd off your overall sentence on account of all these matters.

I have read the pre-sentence report prepared by the Probation Service. I have noted carefully the submissions of your counsel, Mr Enari. He has said all that could be said on your behalf. I have read (or had read to me) the several references.

You had a good education. You are a talented sports person. You obviously have some very good qualities and abilities.

You have never been in trouble before. I extend to you such leniency as a first offender may expect to receive. And I show to you such mercy as is not in-consistent with the discharge of my public duty as a judge.

But there are some cases of multiple-offending and breaches of trust [I say ‘multiple offending’ because you stole lots of sums of money over a period of time, although you are only charged with one crime] when even for a first offender of previous good character with a good family background, and even when some restitution has been paid, and even when there is a young child to think of, and even when genuine remorse has been expressed, imprisonment must be ordered. This is such a case.

A deterrent custodial penalty is called for here. You and others in positions of trust must understand that breaches of trust like this will not be tolerated.

The sentence of the court that you be imprisoned for 1 year and 6 months (18 months).

JUSTICE WILSON