Police v Vaigafa [2008] WSSC 24 (21 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

NGAIRA VAIGAFA aka LALOUTA VAIGAFA
female of Samusu Aleipata
Accused in person

Presiding Judge: Justice Vaai

Counsel: Mr Koria for prosecution
Accused in person

Sentencing Date: 21 May 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on two charges of theft as a servant for each charge you are liable to 7 years imprisonment. The first charge of theft relates to the 30th November 2007 when you stole $2800.00; the second offence was committed one month later in December when you stole $400 tala. It was not your duty to accept monies for that law firm that employed you; but you misled the clients of the law firm to pay monies to you and you also made up excuses for not issuing receipts at the time. But before the commission of those two offences you were in August also caught by the same employer stealing monies. Your employer elected to forgive you then. They decided to continue to employ you and encouraged you to conduct yourself honestly. But you didn’t take advantage of that opportunity; you decided that you would continue to steal. So when these two thefts were discovered in December your employer properly decided to lay the complaint with the police. Now for you to come now and tell me that you are remorseful and to give you another opportunity is to wastefully close the door of the stable after the stallion has bolted. You were given the opportunity to correct yourself and to conduct yourself honestly but you decided not to. I am told by the probation service that the money you misappropriated was used by you for personal use and to go out with your friends at night. Counsel for the prosecution in his written memorandum, has referred me to sentences imposed in the past for these offences. Although each case must decided on its own facts I must consider those sentences imposed in the past to avoid any unjustified disparities.

The worst aggravating factor in this matter is the serious breach of trusts that was imposed on you by your employer. There is also the increase of this type of offending in our community. And thirdly within a period of less than 2 months you stole a total of $3200 tala from your employer. Taking into account the degree of criminality involved, as well as the sentences imposed in the past for this type of offences a custodial sentence is the appropriate one.

I take 2 years a starting point. I deduct 6 months for your early guilty plea and 3 months for your previous good record. You are sentenced to prison for 1 year and 3 months.

JUSTICE VAAI