Police v Pio [1999] WSSC 48 (16 April 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Informant

AND

PUNAOUPU PIO @ PUNA PIO
of Tafagamanu and Vaivase tai
Defendant

Counsel: Miss Wallwork (with Miss Kwan) for the Informant
Mr R.S. Toailoa for the Defendant

Hearing Dates: 24, 25 and 29 March 1999
Reasons Published: 12 April 1999
Sentences Pronounced: 16 April 1999

SENTENCING REMARKS OF WILSON J.

Punaoupu Pio, you are a single man aged 28 years. You have been found guilty by me as a judge sitting alone, of 6 counts of 'theft as a servant'. You pleaded guilty to another count of 'theft as a servant'. You now stand convicted of all 7 counts.

Between 22 July 1998 and 29 August 1998 you stole sums of money varying from $209.00 to $1,051.70 and totally $3,362.30. You stole from Televise Samoa, your employer. You were employed at the time as an accounts clerk.

Aggravating circumstances of your crimes are as follows:-

1. You were in breach of your position of trust.

2. The offending extended over a moderate period of time (of 5 weeks).

3. The total sum stolen was relatively large, none of which stolen money appears to have been recovered.

I can (and do) show leniency towards you (I can be merciful towards you) because of the fact that you a first offender. You have no previous convictions.

Except to the extent that I give some little amount of leniency because of your plea of guilty to count 7, I cannot show leniency towards you (or be merciful towards you) because you pleaded guilty to the 6 counts or because you saved the State the costs of a trial or because you exhibited all the signs of true contrition and remorse. Had you done so, I would have reduced your sentence by approximately 25%.

I think the remorse you exhibited to the Probation Officer is to be seen as genuine regret for what you have done to your parents and your family, as real concern about the fate which is to be yours, but as little contrition (or remorse) for the extent of the wrong you have done.

I have received the amended Pre-Sentence Report prepared by the probation officer. I have listened to the submissions of your counsel, Mr Toailoa. I have read the reference.

I note that, but for this offending behaviour, you are a young man who is of good character and who is highly regarded.

I acknowledge that you have, in a sense, been punished already. You have lost your good job at Televise Samoa, and you may find it difficult in the future to find employment involving trust.

You have obvious ability. You had a good education. It is sad to see a good young man offend in this way and bring about "the destruction” of his life or, at least, a severe set-back within his life.

Notwithstanding the fact that you are a first offender, this is a case calling for a deterrent penalty. You and others in the community who are given the opportunity to work in positions of trust must understand that abuse of that trust will not be tolerated and almost invariably result in stem punishment, even for a first offender, as you are.

The sentence of the court is that you be imprisoned:
On count 1 (relating to $476.00)	-	for 2 months
On count 2 (relating to $293.66)	-	for 3 months
On count 3 (relating to $344.70)	-	for 4 months
On count 4 (relating to $384.00)	-	for 5 months
On count 5 (relating to $603.24)	-	for 8 months
On count 6 (relating to $1,051.70	-	for 1 year
On count 7 (relating to $209.00)	-	for 2 months

Each of those sentences will be concurrent.

In the exercise of my discretion I decline to order (pursuant to s.114 of the Criminal Procedure Act) that they be cumulative, as this was one course of dishonest conduct. There will therefore be one effective total sentence of 1 year's imprisonment.

[Each of the sentences announced by me will, pursuant to s.114(3) of the Criminal Procedure Act, take effect on this day, the day upon which each sentence is pronounced.]

JUSTICE WILSON