Police v Moefaauo [2010] WSSC 64 (26 April 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

PERENISE AMETI MOEFAAUO,
male of Vaitele.
Defendant

Counsels: Mr M. Lemisio for the prosecution
Defendant in person

Sentence: 26 April 2010

SENTENCE

After an extensive hearing including calling witnesses for the benefit of the defendant, the court convicted him of 10 charges of theft as a servant involving many thousands of tala stolen by the defendant from his employer Frankies Supermarket Limited while he worked there as a salesman. The detailed facts of the offending are outlined in the courts decision dated 26 March this year.

The courts sentencing policy for theft as a servant cases is well known and publicized. Because of the gravity and prevalence of such offending, the usual penalty is imprisonment. And if a defendant has a previous conviction for a similar offence he can definitely expect a penalty of imprisonment. The defendant in this case was sent to prison in 2001 on 14 counts of theft as a servant the same charge that he now appears for sentence.

The defendant himself has written his own destiny. He has brought up the suffering that imprisonment will bring on his children to try and avoid imprisonment but that is something that the defendant himself brought on them by his offending. The only question I have today is how long a term is appropriate given the defendants offending and given that the maximum penalty for each count is 7 years times 10 counts i.e. 70 years in prison.

The possible sentences as the prosecution should be well aware are in the 12 months to 3½ year range. In this particular case there is probably nothing in the defendants favour because this is not his first offence, he did not plead guilty, no restitution or apology has been made. Although he says he is remorseful he still maintains his innocence which shows no remorse for his offending. And he has a previous conviction for the same offence.

In respect of these charges the defendant is convicted and sentenced to three years in prison on each charge, terms to be all served concurrently.

JUSTICE NELSON