Police v Brown [2011] WSSC 32 (2 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

ALEXANDER BROWN aka ALEKI BROWN
male of Moataa and Vaimoso.
Defendant

Counsels: Ms T Toailoa and F E Niumata for prosecution
Ms T Leavai for defendant

Sentence: 02 March 2011

SENTENCE

For the record I note the defendant appears for sentencing on a charge of theft as a servant of $1,574.70 while he worked for NAPA Company Limited. A company operating out of Apia. In his favour is the fact that he is a first offender who has pleaded guilty to the charge. He has expressed remorse for giving into the temptation to take the money belonging to his employer. And he has repaid the money that he took and this has been confirmed to the court this morning by the manager of the complainant company. Who also said that the defendant while he worked for the company was otherwise a good worker. Obviously the manager thought enough of the defendant to set aside the time to appear before the court this morning to confirm these facts. In a way that is a sort of character reference for the defendant and that is in his favour. Restitution is always in my view a significant factor in the sentencing process. Particularly when it involves small local companies operating a business in a small jurisdiction like Samoa. The penalty should reflect that as well.

The prosecution have asked for a sentence of imprisonment to be imposed on the defendant and they have cited a number of cases in their sentencing memorandum where employees have stolen similar amounts and have argued that the facts of those cases are very close to the facts of this one. And in those cases terms of imprisonment were opposed even though full restitution had been made and even though an accused was a first offender and had pleaded guilty and expressed remorse. That is true but equally there are other cases involving first offenders who pleaded guilty and undertaken restitution and in those cases non imprisonment penalties were imposed by the court.

The circumstances of this case are perhaps border line and do not necessarily require a penalty of imprisonment to be imposed. And I note the defendant has already spent some two months in prison awaiting sentence. Hopefully that has taught Mr Brown a valuable lesson. Faalogo lelei mai Alex ua e malamalama i le upu lea o le "faiso'o". O le tagata e tulai soo i luma o le faamasinoga i se mataupu e iai le taimi e muta ai le onosai a le faamasinoga. E iai foi la taimi ua tatau ai loa ona tuu atu se faasalaga faafalepuipui ina ia faailoa atu i le tagata lena o le soli o le tulafono e le'o se mea noa o se mea matuia. Ma e le tau finauina le tulaga lea o le mea lea na e faia i le mataupu lenei e le fetaui, e le talafeagai ma e matuia. E mafai ona ave oe e le faamasinoga i le falepuipui i le asō mo le mataupu lenei. Ae ona o le tulaga ua laasia e le faamasinoga o lea o le a sefe mai oe i le falepuipui i le asō. Ae oute manao ia e manino masalo o lou avanoa mulimuli lea. E te toe aafia mai loa i se mataupu faapea poo ni mataupu i luma o le tulafono ua tatau loa ona e sau sauni mo se faasalaga mamafa. Ua manino ia tulaga i lau susuga Aleki? (defendant indicated he understood). E toe fai se mea faapea pe leai? (defendant answered no). Ua lava lea o lena e te talavou e leai a se lumanai o le alu i le falepuipui.

Mo le mataupu lea o le a faaaoga le taimi lea sa e nofo sala ai i le falepuipui e fai ma seisi vaega o lau faasalaga ae tatau ona iai foi seisi vaega ina ia faailoa atu ai i tagata e taua le mataupu i le tulafono ma o le solitulafono lea sa e faia e le'o se solitulafono mama. O lea la o le a faapea ona o lea e maitau atu e te le'o faigaluega i le taimi lenei ae oute talitonu e gafatia e le tou aiga se sala tupe i le mataupu lenei. O le a faasala tupe le faaiuga o le faamasinoga ae tuu atu se taimi e te sailia ai le sala tupe lea. Ae tatau ona totogi i totonu o le taimi lea ua faatulaga atu e le faamasinoga. Aua a leai e te toe foi i gautā i Tafaigata.

In respect of this matter the defendant will be sentenced as follows: firstly he is convicted and sentenced to time already served in prison. In addition to that the defendant will pay the following sums: a fine of $300.00, police and probation office costs of $50.00 each. That sum of $400.00 is to be paid within 7 days in default the defendant will serve 3 months in prison.

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