Police v Paulo [2014] WSSC 204 (1 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Paulo [2014] WSSC 204

Case name:	Police v Paulo
Citation:	[2014] WSSC 204
Decision date:	01 December 2014
Parties:	POLICE (Prosecution) SIMONA SILIAKO PAULO male of Satalo Falealili. (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:	On this charge of theft you are convicted and sentenced to 12 months in prison.
Representation:	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:

POLICE
Prosecution

AND:

SIMONA SILIAKO PAULO male of Satalo Falealili.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 01 December 2014

SENTENCE

1. Simona appears for sentence on one count of theft as a servant namely that on 11 October 2014 being a servant of Silva Transport he did steal 10 strap belts valued at $240 each and 40 litres of diesel valued at $160, making a total value of $2,560 in properties belonging to Silva Transport. He admitted that charge by pleading guilty and also accepted the police summary of facts read to him this morning. That summary says he is a 27 year old male of Satalo Falealili married and was at the time employed as a truck driver.
2. On the morning of the day in question the defendant and a colleague left the company premises at Vaitele for Lalomanu to carry out some work. At Magao in Fatoia the truck diverted from its course and the defendant without the knowledge and the authorisation of the company discharged 40 litres of diesel from the trucks gas tank. He took the bottles of diesel and sold them to a bus situated in front of Apia Park. The value of the 40 litres of diesel is said by the summary to be $160.
3. The truck continued on its journey and at Vailele at Taitos shop the defendant stopped and bought some alcohol and water. The truck then continued to Lalomanu and carried out its work. While it was doing this the defendants friend saw 10 strap belts at the back of the truck under the defendants seat. When queried about the belts the defendant said, “Aua le lokea mea ia o Monty mea ga”.
4. When the truck returned from Lalomanu to Vailele they stopped at a shop in Siumu where the defendant sold 5 of the 10 strap belts. The truck continued on its journey and at Lefaga it ran out of gas. The defendant called the main office and told them the truck had stopped working. The defendant called a taxi and left with the remaining 5 strap belts inside the taxi. The summary of facts says each strap belt is worth $240 which means the total value of the 10 belts was $2,400. The value of what the defendant stole was therefore $2,400 for the 10 straps and $160 for the diesel making a total of $2,560.
5. The defendant is no stranger to the court. There has also been produced before the court a previous conviction record showing that in 2011 he was convicted of two counts of theft in the District Court. On that occasion he was treated leniently. He has failed to learn anything useful and has repeated his criminal conduct. No more chances can be given to you Simona.
6. Theft as a servant is a very prevalent offence in our community. Consequently offenders are generally sent to prison. The message is if you steal from your employer that is the pathway to Tafaigata.
7. The maximum for the offence of theft as a servant is 10 years in prison but considering all the relevant factors in your case especially the breach of trust that was given to you by your employer, I agree with the prosecution that a 2 year start point for sentence is applicable to your case. But there are deductions you are entitled to which I will make Simona on your behalf.
8. Firstly for your guilty plea I deduct one-quarter of your sentence because that has saved the courts time and because that indicates you take responsibility for your offending; that is 6 months deducted from the beginning sentence of 24 months, leaves a balance of 18 months. You are not a first offender, you have a previous conviction but I have read your pre-sentence report. It speaks of your service to your aiga as well as to your Ekalesia. There is also a reference attached to the report from your faifeau. To acknowledge those factors I deduct 3 months from the balance of sentence leaves 15 months. In respect of this matter I note that the pre-sentence report states there has been an apology. That was confirmed this morning. For that, I will deduct a further 3 months from your sentence, leaves 12 months in prison. There are no other deductions Simona that can be made for your benefit.
9. On this charge of theft you are convicted and sentenced to 12 months in prison.
   

JUSTICE NELSON