Police v Lefe'e [2013] WSSC 53 (8 July 2013)

SUPREME COURT OF SAMOA

Police v Lefe’e [2013] WSSC 53

Case name: Police v Lefe’e

Citation: [2013] WSSC 53

Decision date: 08 July 2013
Parties:
POLICE v TALASA LEFE’E, male of Leulumoega-tuai and Sogi.

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Nelson J

On appeal from:

Order:
Representation:
R Titi and O Tagaloa 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

Prosecution

AND

TALASA LEFE’E, male of Leulumoega-tuai and Sogi.

Defendant

Counsel: R Titi and O Tagaloa for prosecution

Defendant unrepresented

Sentence: 08 July 2013

SENTENCE

The police summary of facts which this defendant has admitted states as follows: the defendant is a 32 year old male of Leulumoega and Sogi. He is married with three children and he works and supports his immediate family and like every Samoan his extended family. At the time of this offending he was employed at the Sagalele Complex as a night time security guard. His shift normally starts from 4:00 pm and finishes the following day at 7:00 am. As a sikulaki his primary duty was to ensure the security of the complex and safeguard his employers property.

On Thursday 6 September 2012 at about 11:00 pm the defendant was on duty with one other security guard. During the shift a third security guard Viliamu Esau who works during the day arrived. Together the two men made their way to the main office of the complex and saw that the other security guard was asleep. The defendant removed the louvers of the office and put his hand through the window and opened the door. They entered the premises and while the defendant kept watch at the door Esau located the cash box. Esau forced open the cash box and removed all the envelopes inside.

The two men exited the office and left the complex premises. Went to a store that was still open. There they counted their takings and found that it was some $7,000.00. They shared out the money. The defendant then went back to work pretending nothing had happened and Esau went home.

The following morning Friday 7th September the break-in became apparent. The defendant blamed it on Esau and told the General Manager of the Sagalele Complex that it was Esau who broke open the cash box and took the money. The Manager however became suspicious and instituted enquiries. Referred this to the police. That same morning the defendant and Esau were apprehended by the police and taken to the police station and interviewed. There Esau spilled the beans and implicated the defendant leading to his being charged with one count of theft as a servant and one count of burglary.

At mentions on Monday 17 September 2012 the defendant pleaded not guilty to theft as a servant but guilty to burglary. Accordingly the court adjourned his theft as servant hearing to May this year. But on his guilty plea to burglary he was convicted in the District Court on 18 February 2013 and sentenced to 6 months imprisonment. A term which he is now serving.

In May of this year on trial day for the theft as a servant charge the defendant changed his plea from not guilty to guilty. The task today for the court is to administer a penalty for the offence of theft as a servant which carries a maximum of 7 years in prison.

This was obviously a well planned theft by both the defendant and his co-defendant Esau. They waited until the other security guard on duty fell asleep before breaking into the office. They knew exactly where the cash box was kept and what it contained. They stole a substantial amount of their employers money. Because there is no honour amongst thieves the defendant next day tried to blame the theft on his co-defendant. But it is clear they acted together in this matter.

Talasa I take into account your previous good record as outlined in the probation office pre-sentence report as well as your guilty plea which has saved the courts time. The prosecution have sought a prison term of 12 months for your offending. Having regard to all factors I consider that term is appropriate. That is also the term that your co-defendant Esau received from the court.

Accordingly for this matter Talasa you will be convicted and sentenced to 12 months in prison. But that term should run concurrently with your burglary term. So the term of 12 months will commence from 18 February 2013. Ua e malamalama i le faaiuga o lau mataupu Talasa. O lea e tuli faatasi faasalaga na mo au solitulafono ia e lua amata mai le aso 18 o Fepuari o le tausaga nei. (Defendant indicated he understood).

..........................

JUSTICE NELSON