Police v Saseve [2010] WSSC 151 (15 September 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

LISI SASEVE @ FAIUPU SASEVE, female of Tuanaimato and Lotopa.
Defendant

Counsels: Ms R. Titi for prosecution
Defendant unrepresented

Sentence: 15 September 2010

SENTENCE

This defendant appears for sentence on five counts of theft as a servant of varying amounts ranging from $350 to as high as 20 odd thousand tala. The total amount she pleaded guilty to stealing was $37,985. She was at the time of these offences employed by the Ah Mu Academy as school secretary. As such she was responsible for collecting school fees, fund raising monies and other revenues for the school and also for banking them. Instead of doing that she kept the monies for her own personal use and according to what she told the Probation Office she used most of it for extravagant trips to Savaii with friends and for other personal needs. The thefts were committed over a six month period from December 2009 to May 2010. Although she has told the court she has apologized to the school in writing, the school has confirmed by written correspondence that since her termination earlier this year as a result of this offending, no apology of any kind has been received.

One of the most prevalent offences in our community particularly at present is theft as a servant. Despite repeated warnings from the courts as to the fate of those who steal from their employers people young and old, male and female continue to do so. Some people steal goods, others like this defendant steal monies. To combat this rising tide the courts have developed a policy of sentencing for such offenders and that policy is that only in exceptional circumstances will offenders be spared imprisonment and this applies even though they may be first offenders. I have considered the defendants case carefully because it is a serious theft and I find there are no exceptional circumstances present in this case. The real question for me as sentencing judge to determine is how long a term of imprisonment is appropriate for the offending.

The offence of theft as a servant carries a 7 year maximum penalty. In recent cases such as Police v Amani [2008] WSSC 25 a theft of $32,000 resulted in a 2 year penalty for a first offender who pleaded guilty. In Police v Samu [2008] WSSC 2 a theft of $22,700 also resulted in a 2 year term, Police v Betham [2009] WSSC 60, theft of $31,000 odd also resulted in a 2 year term. While the amounts are not necessarily conclusive of any term they are a useful guideline the court may have regard to.

Taking all the factors in your case into consideration including those in your favour you will be on these charges convicted and sentenced to 2 years in prison on each charge but all terms are to be served concurrently so that you will serve only 2 years in prison.

JUSTICE NELSON