Police v Sosaiete [2006] WSSC 26 (11 May 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

MANUSINALESOĀ SOSAIETE
female of Papauta and Asau
Accused

Counsel: M Boone-Dumaran for prosecution
Accused in person

Sentence: 11 May 2006

SENTENCE

The charges

The accused is appearing for sentence on five counts of theft as a servant each of which carries a maximum penalty of seven years imprisonment and on six counts of falsifying accounts each of which carries a maximum penalty of five years imprisonment. To all counts, the accused has pleaded guilty at the earliest opportunity.

The offending

As it appears from the summary of facts prepared by the prosecution, the acts of theft with which the accused has been charged were committed on five different occasions in September, October and November 2005 whilst she was employed as a travel consultant by Inter Island Vacation. The total amount involved was $517.80. How the accused was able to take those monies from her employer was by falsifying her employer’s accounts.

The accused

The accused is a 27 year old single female from Papauta and Asau. As it appears from the pre-sentence report prepared by the probation service, the accused has a good educational background having reached the National University. It also appears from the pre-sentence report that the reason for the accused committing the acts for which she has been charged was because she wanted to enjoy a good night life in expensive restaurants and nightclubs with her friends. As a result she took monies from her employer because her own wages could not afford the type of life she was enjoying.

The accused is a first offender and the pre-sentence report and character testimonials show the accused to have been a person of good character until the commission of these offences.

Mitigating circumstances

The accused’s plea of guilty at the earliest opportunity and the fact that she is a first offender may be taken into account in mitigation of penalty.

It also appears from the pre-sentence report that the accused’s father has made a substantial repayment to the accused’s former employer.

Aggravating circumstances

Breach of her employer’s trust.

The decision

Having regard to all the circumstances including the mitigating circumstances and the total amount of money involved, I have decided to give the accused the opportunity to redeem herself and to repair her life whilst her future is still before her. The accused, however, must bear in mind that if she re-offends and appears in Court again she it would be unlikely that she will be given the same opportunity again.

The accused is convicted of all charges and sentenced to 18 months probation.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for the prosecution