Police v Fa'afaga [2014] WSSC 114 (24 February 2014)

IN THE SUPREME COURT OF SAMOA
Police v Fa’afaga [2014] WSSC 114

Case name:	Police v Fa’afaga
Citation:	[2014] WSSC 114
Decision date:	24 February 2014
Parties:	Police (Prosecution) Ruby Fa’afaga, female of Alafua and Lona Fagaloa. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	In respect of the theft as a servant charges you will be convicted and sentenced to 15 months in prison in respect of all eight charges. In respect of the eight forgery charges you are likewise convicted and sentenced to 15 months in prison but that term is to be served concurrent to your other sentence.
Representation:	G Nelson for prosecution M V Peteru for defendant
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

RUBY FA’AFAGA, female of Alafua and Lona Fagaloa.
Defendant

Counsel: G Nelson for prosecution
M V Peteru for defendant

Sentence: 24 February 2014

SENTENCE

1. This defendant appears for sentence on eight counts of theft as a servant and eight counts of forgery. The prosecution summary of facts also refers to a single charge count of theft but the prosecution should note that charge was withdrawn and dismissed on 03^rd October 2013 when it was called before the Chief Justice.
2. The police summary of facts state that the defendant is a 20 year old single female of Alafua and Lona Fagaloa. She was at the time of this offending employed by Lisas Clothing at Matafele for almost a year. She was responsible for general tasks as directed by the manager including banking for the companys daily takings.
3. The summary relates that she stole the company cheque book and she forged the signature of her employer on 8 different cheques. She cashed the cheques kept the money and used it for her own personal purposes. The cheque amounts were: there were six for $600, one for $400 and one for $800 and were cashed over the months of March and April 2013. Total amount stolen was $4,800.00. The summary goes on to note that the employer became suspicious because of the withdrawal of funds from the company account. Cheques which she could not recall signing. The matter was investigated and this revealed the defendants offending which was then reported by the employer to the police.
4. Except for $400 the stolen money was reimbursed by the bank involved to the defendants employer. Of that amount the defendant has repaid the bank $200. She also paid $1,000 to her former employer whose loses therefore as per the charges seem to have been fully covered by the bank. It is the bank who is now out of pocket.
5. The defendant told her counsel that she stole because the temptation was too overwhelming. Sadly that is the case for many young men and women most of whom are now serving prison terms as a result. The court has just dealt with such one young man. Because that is the sentencing policy followed for this kind of offending. There is no reason here to depart from that policy. But I will give the defendant credit for various things.
6. Considering all the circumstances of your offending I agree with the prosecution a 3 year start point for sentence is appropriate. The first deduction to be made is a one-quarter of sentence deduction for your guilty plea. That is a period of 9 months leaves a balance of 27 months. Probation office pre-sentence report sets out your good background of service to your family and there are testimonies from your mother, your bishop, your pulenuu speaking well of you. You also have a clean record this is your first offence. For all those matters I will deduct 6 months from that balance leaves 21 months. Credit must also be given you for the partial restitution that has been made. As observed in other sentencing for this kind of offending restitution or partial restitution is important in a small economy like ours. To reflect that factor I will deduct a further 6 months from the balance of your sentence leaves 15 months in prison.
7. In respect of the theft as a servant charges you will be convicted and sentenced to 15 months in prison in respect of all eight charges. In respect of the eight forgery charges you are likewise convicted and sentenced to 15 months in prison but that term is to be served concurrent to your other sentence.
   

JUSTICE NELSON