Police v Tugaga [2010] WSSC 7 (16 March 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINU’U

BETWEEN:

POLICE
Prosecution

AND:

RAMONA TUGAGA
female of Vaivase-tai and Siusega.
Accused

Counsel: F Lagaaia for prosecution
S Samau for accused

Sentence: 16 March 2010

SENTENCE BY SAPOLU CJ

[1] The accused is a 26 year old single female. She is appearing for sentence on six charges of theft as a servant which arose from six separate incidents of theft which she committed from 8 January 2009 to 26 March 2009 whilst she was employed as a loans analyst by the National Bank of Samoa. She had pleaded not guilty and after a defended hearing she was found guilty of all charges.

[2] The facts of this case are to be found in my judgment delivered on 17 February 2010 and I need not traverse all of those facts again. As with every other case of this kind, what is involved is a breach by an employee of the trust vested in her by her employer. But this case goes further than that because it also involved a breach by the accused of the trust placed in her by the complainant who is a good and close friend. The complainant who has a loan account with the National Bank of Samoa had given monies to the accused to be paid into her loan account. However, the accused took those monies for her personal use. The total amount of the monies taken by the accused was $5,200.

[3] Since this matter was discovered, the accused has repaid the full amount of $5,200. She has also apologised to her former employer and to the complainant who is still a good and close friend.

[4] The accused is also a first offender. As it appears from the pre-sentence report prepared by the Probation Service and the testimonials from the pastor and the pulenu’u of her village as well as the evidence of the complainant, the accused was a person of good character prior to the commission of these offences.

[5] It also appears from the pre-sentence report that the accused is a well educated person having graduated with two university degrees. She also comes from a good family.

[6] The aggravating factors which relate to the offending in this case are the breaches of trust involved and the total amount of money that was taken by the accused which is not insignificant. The only mitigating factor relating to the offending is that full restitution has been made. Having regard to those factors, I will take 15 months as the starting point for sentence. I will then deduct another 3 months for the mitigating factors relating to the accused and for her personal circumstances. That leaves 12 months.

[7] The accused is sentenced to 12 months imprisonment on each of the charges against her. All sentences are to be concurrent so that the accused will serve only 12 months imprisonment.

CHIEF JUSTICE

Solicitor
Attorney General’s Office, Apia for prosecution
Tuala & Samau Lawyers