Police v Poasi [2011] WSSC 31 (28 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TAMATASI FAIA POASI
male of Vaitele fou and Faiaai Savaii.
Defendant

Counsels: Ms T Toailoa and F E Niumata for prosecution
Defendant unrepresented

Sentence: 28 February 2011

SENTENCE

The summary of facts in this case states that the defendant is a 34 year old of Vaitele-fou and Faiaai, married with children. And he was at the time of this offence employed by Yazaki as a security guard. In or around June 2010 it relates that the defendant assisted his co-defendants in stealing copper wires belonging to the company. The co-accused would remove the wires and leave it in the rubbish disposal before knocking off from work. Then the defendant who had been notified of where the wires were would ensure that the copper wires were thrown out as part of the rubbish and the co-accused would come and uplift them in a taxi.

The summary of facts relates that the defendant and his co-accused did this on three separate occasions. During the first incident the defendant assisted the co-accused in stealing 8 copper wires from the company which were then sold to another company at Vailoa. On the second occasion the defendant and the co-accused removed 6 copper wires from the company and sold them to another company and again in the month of June 2010 the defendant and his co-accused removed 8 copper wires from the company and sold them to another private establishment. At all times these actions by the defendant and the co-accused were not authorized neither did the company have knowledge of them. And the value of each copper wire is stated in the summary to be $200.00. The result of all these is the defendant now appears for sentence on three charges of theft from his employer of copper wires to a total value of $4,400.00.

This is a deliberate and substantial theft by a security guard who represents normally the last line of defence of an employer from thefts. It is therefore a gross breach of trust. There is no question that imprisonment is required for such behaviour. The maximum penalty for this offending at law is 7 years in prison. However I take into account in your favour Tamatasi that you are a first offender. And you had pleaded guilty to the charges.

The prosecution in this case has sought an imprisonment penalty of no less than twelve months for these offences. Given the seriousness of the offending I concur with that. You are convicted and sentenced to 12 months in prison on each charge but all terms are to be served concurrently.

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