Police v Satoa [2012] WSSC 58 (12 May 2012)

Supreme Court of Samoa

Police v Satoa [2012] WSSC 58

Case name: Police v Satoa

Citation: [2012] WSSC 58

Decision date: 12 May 2012

Parties: Police v Sebastian Satoa, male of Siusega and Solosolo

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Nelson J

On appeal from:

Order:

Representation: L Taimalelagi for prosecution, Defendant unrepresented

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE

Informant

A ND:

SEBASTIAN SATOA male of Siusega and Solosolo.

Defendant

Counsel: Ms L Taimalelagi for prosecution

Defendant unrepresented

Sentence: 21 May 201

SENTENCE

This also is a case of theft as a servant, the defendant in this case facing 30 charges of theft as a servant and 30 of false accounting. The total amount involved in the offending is $13,456.00. Stolen from his employer over a two month period in early 2012. The amounts in his case range from $60 to the highest of $1000.

The police summary of facts which the defendant accepts says that he is a 28 year old male married with children. And was employed as an accountant for one of the local construction companies. As accountant he was responsible for the accounts of the company including the use of petty cash. Procedure for petty cash was that he would be responsible for collecting the receipts and verifying the amounts expended for petty cash on a daily basis. He would then write out a cheque to reimburse the petty cash which the general manager of the company would sign. In doing so the general manager trusted him that the documentation was in order and that the amount being reimbursed was the correct amount. The defendant would cash the cheque and distribute the petty cash reimbursement to the employees responsible.

What he did was to falsify the documents involved in the petty cash reconciliation so as to increase it and then pocket the excess funds. As a result he is charged with 30 counts of theft as a servant and 30 corresponding counts of false accounting. Charges to which the defendant had pleaded guilty at the first available opportunity.

Sentencing for this sort of offending from previous cases for a first offender in a position of trust who pleads guilty revolves around the 18 months in prison mark. You are a first offender who pleaded guilty to the charges. And there is nothing exceptional in the circumstances of your matter.

For these charges you will be convicted and sentenced in relation to the theft as a servant charges to 18 months in prison; In relation to the false accounting charges which carries a lesser maximum penalty, 12 months in prison. But that term is to be served concurrent with the theft as a servant term.

JUSTICE NELSON