Police v McCarthy [2010] WSSC 146 (16 August 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

ADRIAN McCARTHY, male of Luatuanuu and Vaipuna.
Defendant

Counsels: Mr G. Patu for prosecution
Ms M. Tuatagaloa for defendant

Sentence: 16 August 2010

SENTENCE

Defendant appears for sentence on 74 charges of theft as a servant. He stole these monies while working for an electronics company in Apia where his job was to process sales and balance up the sale monies for each day. The thefts were discovered because the receipts issued by the defendant did not tally up with his daily sales record which showed smaller amounts than the receipts. Over the period from 1 October 2008 to 31 January 2009 some four months, the defendant was able to steal a total sum of $14,980, monies that were taken in different amounts from day to day ranging from as small as $53 to the largest of $488. The offence of theft as a servant carries a 7 year maximum penalty at law.

It is always tragic to see bright young people such as this defendant who holds a Bachelor of Commerce from the National University appearing before the court on charges like this. It is even more tragic to see this happening more and more frequently because theft as a servant is a serious crime and is becoming one that is and perhaps always has been very prevalent in this community. Because of that rarely do offenders escape prison because the message the courts try to continually send out is that if you steal from your employer you will very likely go to prison. And the fact that you may have repaid some or even all of the money that you have stolen does not save you from the penalty of imprisonment. Although it is relevant to assessing how long you will go to prison which is the real question for every sentencing judge in a case like this.

While every case is different guidance can be sought from similar cases involving first offenders who have pleaded guilty to stealing similar amounts. In similar cases of theft as a servant in the $8,000 to $15,000 range penalties have generally been around 18 months in prison. In this case the amount stolen in total by the defendant is only $20 short of $15,000.

Considering all the circumstances of your matter including what your lawyer has had to say to the court on your behalf together with those factors raised in the Probation Office pre-sentence report, as well I have taken into consideration the indication from your employer that he accepts your apology but leaves the matter to the court, I see no reason why your case should be treated differently from the penalties that have been imposed in similar cases.

In respect of all these charges the defendant will be convicted and sentenced to 18 months in prison as a total sentence for all the charges.

JUSTICE NELSON