Police v Aleki [2011] WSSC 104 (4 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TASESA FERENI ALEKI female of Vaie'e.
Defendant

Counsels: Ms L Su'a-Mailo and F E Niumata for prosecution
Defendant unrepresented.

Sentence: 04 July 2011

SENTENCE

This is another case of sentencing for theft and dishonesty. In this case the defendant was a teller for Westpac Bank Samoa Limited when she committed these thefts. The summary of facts states that on four different occasions the defendant fraudulently filled out and signed a withdrawal slip or voucher using the particulars of customer accounts and customer signatures and then withdrew monies from that account without their authority or knowledge. The particulars of such withdrawals relate to 4 counts of uttering forged document charges. The summary also states that on 12 other occasions the defendant withdrew cash amounts from customer accounts without their authority and knowledge and the details of these represent the 6 theft as a servant charges and 12 falsifying accounts charges.

In total 16 theft as a servant charges, 16 falsifying account charges and 4 uttering forged document charges. Total amounts involved in these thefts is $7,400 stolen by the defendant and applied for her own personal use. The maximum penalty for theft as a servant is 7 years and for the other two charges 5 years maximum penalty.

These are serious thefts involving large amounts and the degree of criminality is high. But in considering and taking into account in the defendants favour her guilty plea and the fact she is a first offender with a good background, who has expressed remorse to the probation office and to the court this morning. Considering all circumstances a penalty of 18 months is appropriate for your offending. But the probation office have confirmed you have already made a personal apology to the complainant bank and 85% of restitution of the stolen monies has been made. The latter being the most effective way of expressing remorse. Accordingly I reduce your penalty to 8 months.

You are convicted and sentenced to 8 months imprisonment, a total sentence in respect of all charges.

............................
JUSTICE NELSON