Police v Fiumaono [2011] WSSC 159 (14 November 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

FALEFA FUIMAONO aka ALVINEH FUIMAONO
male of Lotofaga Safata.
Defendant

Counsels: Ms R. Titi for prosecution
Defendant unrepresented

Sentence: 14 November 2011

SENTENCE

This defendant appears for sentence on 45 charges of theft as a servant while he was employed by Punjas Company Limited a local wholesale company. The prosecution summary of facts which he has admitted says that he is a 23 year old, single male of Lotofaga Safata. He was employed by Punjas as a marketing and sales officer and was primarily responsible for selling stock to customers, collecting monies for the goods sold and issuing receipts. The defendant was charged with collecting the monies for these sales but if a customer purchased goods on credit then he would record the letters "NP" or "not paid" on the customers receipt and at a later date collect the payment for same.

The summary says that what the defendant did was to mark the customers receipt "paid" but the companys receipt "not paid" and pocket the money for his own personal use. Over a three month period during July, August and September 2011 the defendant managed to steal in this way the sum of $6,527.70 in varying amounts from the smallest of $8 to the largest of $450.00. He did this on 45 different occasions leading to the 45 charges that he has pleaded guilty to.

Theft as a servant is a serious offence which carries a maximum penalty of 7 years in prison. As noted by the court in the often quoted case of Police v Valaauina [2009] WSSC 21, the courts attitude to theft as a servant is well documented and should be well-known to everyone by now. Because of the seriousness and prevalence of such offending usually a penalty of imprisonment is imposed. The reason for such penalty is to deter not only the offender himself or herself from such future behaviour but also others who may be tempted to follow his or her example. The only time imprisonment is not imposed is if there are exceptional circumstances warranting some other treatment.

I have looked at the facts of your case Falefa, there are no exceptional circumstances in the matter. The normal sentencing policy of the court must be applied. I take into account however that you are a first offender and you have pleaded guilty and saved the courts time and resources. Those factors reduced what would otherwise be a 2 to 2½ year penalty to 12 months.

For these offences you are sentenced as a total sentence for all offences to 12 months in prison.

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