Police v Tavu'i [2013] WSSC 10 (27 March 2013)

SUPREME COURT OF SAMOA

Police v Tavu’i [2013] WSSC 10

Case name: Police v Tavu’i

Citation: [2013] WSSC 10

Decision date: 27 March 2013

Parties:
POLICE (prosecution) and FATIMA TAVU’I, female of Palisi and Sapapalii, Savaii (Accused)

Hearing date(s): 13 and 14 February 2013

File number(s): S1368/12

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Chief Justice Patu Falefatu Sapolu

On appeal from:

Order:

Representation:
F E Niumata for prosecution
P T Masipa’u for accused

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

FILE NO: S1368/12

BETWEEN

POLICE

Prosecution

AND

FATIMA TAVU’I female of Sapapalii, Savaii.

Accused

Counsel:

F E Niumata for prosecution

P T Masipa’u for accused

Sentence: 27 March 2013

SENTENCE

1. The accused, Fatima Tavu’i, a 40 year old female, appears for sentence on one charge of theft as a servant to which she pleaded not guilty but was found guilty at trial.
2. The facts of the offending are set out in my written judgment dated 22 February 2013. Essentially, the accused stole 234 T-shirts while she was employed as ‘supervisor’ at one of the three stalls operated by Josephine Boutique’s company at the Savalalo flea market. Each T-shirt cost $25 so that the total amount of the 234 T-shirts was $5,850.
3. The aggravating factors relating to this offending are the breach by the accused of her employer’s trust and confidence, the total value of the goods taken, and the impact of the offending on the employer. There is no mitigating factor relating to the offending.
4. In relation to the accused as offender, the only mitigating factor is the fact that the accused is a first offender. There is no aggravating factor in this regard.
5. In setting a starting point of 18 months for sentence, I take into account the maximum penalty of 7 years imprisonment for this offence, the need for special and general deterrence, and the aggravating factors relating to the offending. There is no mitigating factor relating to the offending.
6. In relation to the accused as offender, I will deduct 6 months for the only mitigating factor which is the fact that she is a first offender. That leaves 12 months. There is no aggravating factor relating to the accused as offender to necessitate raising the level of the starting point for sentence.
7. The accused is therefore sentenced to 12 months imprisonment. Any time the accused had already spent in custody is to be further deducted from that sentence.
   

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CHIEF JUSTICE