Police v Tavana [2010] WSSC 103 (3 September 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

JAMES TAVANA,
male of Saleimoa
Defendant

Presiding Judge: Justice Slicer

Counsel: Mr. G Patu and Ms. L Taimalelagi for the Prosecution

Sentencing: 3 September 2010

Charge: Theft As A Servant (x4)

SENTENCE

1. James Tavana has pleaded guilty to four charges of Theft As A Servant contrary to the Crimes Ordinance 1961, sections 85 and 86. A fifth information 1664/10 has been dismissed.
   
2. The defendant was employed by Westpac Bank as a foreign exchange dealer. Between 14 June and 23 July 2010, he stole the sum of $30,380 through four transactions. He used his position and knowledge as a senior officer of the Bank to misappropriate the money. It was a serious breach of trust. He had been employed by the Bank since 2003 and received a good salary at the time of the thefts.
   
3. The money was taken for his own use. Some of it was used to buy a van for approximately $13,000. The van has been delivered to the Bank which has put it out for tender.
   
4. The defendant has repaid to the Bank $4,757. Allowance will be made for the amount received for the van although, the amount of that return is not yet known, but is expected to be between $5,000 and $7,000.
   
5. James aged 25, is married with 2 children aged 2 and 4. He has been dismissed from his employment and lives with his parents and family. He has no prior convictions and had, until these crimes been of good character. He completed his secondary school education through a rugby scholarship in New Zealand in 2001. He has been a good husband, father and member of his church.
   
6. He is entitled to the benefit of a plea at the earliest possible opportunity. That will be regarded as a significant mitigating factor.
   
7. The court will use the prosecution's suggested term of imprisonment of 3 ½ years imprisonment as a starting point rather than the end result. The court accepts that a significant amount of money was taken and the breach of trust made more serious because of his high position.
   
8. Allowing for previous good character, his responsibility to his family, partial restitution and an early plea, a lesser sentence will be imposed. Some allowance is made for the relatively small period during which the offences were committed.
   
9. Consistency requires consideration of cases such a Lynn Sang [2009] WSSC 20; Betham [2009] WSSC 66 and Alaifea (19 July 2010).
   
10. The appropriate penalty is that of 2 years imprisonment.
    

ORDERS

1. James Tavana is convicted of the crimes of Theft As a Servant.
   
2. James Tavana is sentenced to a term of imprisonment for a period of 2 years, to commence as and from 3 September 2010.
   
3. James Tavana makes and pays restitution to the Westpac Banking Corporation of Samoa in a sum to be assessed.
   

JUSTICE SLICER