Police v Samu [2008] WSSC 2 (11 February 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

FOTU TIATIA SAMU
male of Gataivai.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: L M Su’a for prosecution
Accused in person

Sentence: 11 February 2008

SENTENCE

The charges

1. The accused appears for sentence on nine counts of theft as a servant. Each count carries a maximum penalty of seven years imprisonment. To all counts the accused pleaded guilty at the first available opportunity.

The offending

2. According to the summary of facts which was confirmed by the accused, the accused was employed by Strickland Brothers Ltd at its Office at Salelologa in Savaii. Part of his duties included banking his employer’s monies into its account at the Westpac Bank at Salelologa.

3. On nine separate occasions the accused misappropriated monies given to him by his employer to bank. These were as follows:

(i) On 01 October 2007 the accused misappropriated $1,000;

(ii) On 03 October 2007 the accused misappropriated $1,000;

(iii) On 04 October 2007 the accused misappropriated $500;
(iv) On 08 October 2007 the accused misappropriated $4,000;
(v) On 11 October 2007 the accused misappropriated $1,000;
(vi) On 17 October 2007 the accused misappropriated $2,000;
(vii) On 24 October 20067 the accused misappropriated $3,000;
(viii) On 26 October 2007 the accused misappropriated $200;
(ix) On 30 October 2007 the accused misappropriated $10,000.

4. The total amount that the accused took from his employer’s monies he was supposed to bank was $22,700.

5. How the accused took the monies, was to tear up the original deposit slip filled in by another employer for the money the accused was supposed to bank and then replaced it with another deposit slip with a lesser amount. After depositing an amount equivalent to the lesser amount in the false deposit slip, the accused would alter the amount on the false deposit slip to make it seem like the full amount that was given to him to deposit.

6. On 30 October 2007, the accused’s employer conducted an internal investigation when one of its employers noted the alterations in the deposit slip for that particular day. Following the investigation, the accused confessed and handed back $5,000 of the $10,000 he took that day. The police were informed and during a body search of the accused at the Tuasivi police station, another $4,000 was found on the accused. The accused also confessed his offence to the police.

The accused

7. The accused is a 24 year old male from Gataivai, Savaii. He has a wife with two young children. He is a first offender.

8. As a result of this offence, the accused and his family have been banished from their village of Gataivai. The accused is now staying with his wife’s family at Satupaitea. The accused and his family have also performed a ifoga to the proprietors of Strickland Brothers Ltd which was accepted. The ifoga included a presentation of two large fine mats, a large pig and two ofu palolo.

9. The accused also told the probation service that he is deeply remorseful and has learnt a great lesson. He also told the Court that he is truly sorry and that it was silly and stupid of him to do what he did.

Aggravating factors

10. The aggravating factors in this case would be the substantial total amount of money taken by the accused, the number of occasions the accused stole from his employer and the breach of trust involved.

Mitigating factors

11. The mitigating factors in this case would be the accused’s plea of guilty at the earliest opportunity, the fact that the accused is a first offender, the ifoga performed by the accused and his family, the accused’s expression of remorsefulness, the fact that the accused gave back $5,000 and $4,000 was recovered from him so that a total of $9,000 has been restored to the employer.

The decision

12. Charges of theft as a servant involving a total amount of about $10,000 have usually attracted sentences of 18 months imprisonment on a guilty plea so that an accused would expect a sentence of between 2½ years to 3 years imprisonment on a guilty plea in the type of case like the present.

13. However, given the circumstances of this case, the prosecution in its sentencing memorandum has asked for a sentence of not less than 2 years imprisonment. In view of the aggravating and mitigating factors and bearing in mind the need for deterrence in this type of case, I will pass sentence as follows:

(a) for the charge which involves the taking of $10,000, the amount is sentenced to 2 years imprisonment;

(b) for each of the charges which involve the taking of amounts of $2,000 up to $4,000 the accused is sentenced to 18 months imprisonment; and

(c) for each of the remaining charges, the accused is sentenced to 12 months imprisonment.

14. All sentences are to be concurrent so that the accused will serve a total sentence of 2 years imprisonment.

CHIEF JUSTICE

Solicitor
Attorney General’s Office, Apia for prosecution