Police v Fuimaono [2011] WSSC 106 (4 July 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

VAASA FUIMAONO
female of Vailele and Salani Falealili.
Defendant

Counsels: Ms L Su'a-Mailo and F E Niumata for prosecution
Mr A Su'a for defendant.

Sentence: 04 July 2011

SENTENCE

The defendant in this case has pleaded guilty to three charges of theft as a servant. The summary of facts states that the defendant is a 30 year old female of Vailele and Salani, Falealili. She is married with children. The defendant was previously employed at Asco Motors Limited as a cashier and receptionist from the period commencing 09 July 2009 to November 2009. As a cashier she was responsible for banking the companys monies. The charges arise out of her failure to bank the companys money but instead keep part of it for her personal use. On 13 October 2009 the sum of $5,611.28, on 15 October 2009 $3,864.83 and on 28 October 2009 $3,573.87. These amount to $13,049.98 being the amounts she has pleaded guilty to stealing according to the summary of facts. Her sentence was adjourned for enquiries but these showed no restitution has been made and the company has taken civil proceedings for recovery of the monies from the defendant.

Defendant through counsel tried to argue that originally other employees involved in a borrowing scheme of borrowing now from the banking and paying later were what led to these shortages and they were not all hers. But the court cannot accept that argument in light of her guilty pleas to theft as a servant of the amounts in question.

In her favour as counsel has correctly pointed out is her early guilty plea, the fact that this is her first offence, she has clean records and her expression of remorse. Sadly this is not the first and probably not the last young female to give into temptation and steal from her employer. The fate of many such young women is imprisonment because of the seriousness of the offending involving a gross breach of an employers trust in an employee, and employees taking advantage of that for personal profit and gain. In such cases usually imprisonment results unless there are exceptional circumstances and no such exceptional circumstances exist in this defendants case. However I give some weight to defence counsels submission in relation to the defendant that she is nursing her young dependants.

Considering all circumstances of your case you are convicted and sentenced to 12 months imprisonment.

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