Police v Vaega [2015] WSSC 197 (24 December 2015)

SURPEME COURT OF SAMOA
Police v Vaega [2015] WSSC 197

Case name:	Police v Vaega
Citation:	[2015] WSSC 197
Decision date:	24 December 20151
Parties:	POLICE v STEVE VAEGA male of Falelauniu and Lepea.
Hearing date(s):
File number(s):	S3593/15
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Convicted and sentenced to 12 months community service
Representation:	F Lagaaia for prosecution Accused in person
Catchwords:	Theft as a servant – maximum penalty – sentence –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S3593/15

BETWEEN

P O L I C E
Prosecution

A N D

STEVE VAEGA male of Falelauniu and Lepea.
Accused

Counsel:
F Lagaia for prosecution
Accused in person

Sentence: 24 December 2015

S E N T E N C E

1. The accused Steve Vaega is a 21 year old male of Falelauniu and Lepea. He stood trial on eight charges of theft as a servant and was found guilty of all charges. He is now appearing for sentence on those charges.
2. The evidence adduced by the prosecution at the trial showed that the accused at all material times was employed by the Samoa Sports Lotto at its agencies at Fasitoo-uta and Matautu-tai. On nine different occasions from 18 December 2014 to 31 December 2014, the accused stole various amounts of money which ranged from $21.30 to $114 from the agencies where he was employed. Eight of the thefts were committed at the Fasitoo-uta agency and one theft was committed at the Matautu-tai agency. The total amount of money stolen by the accused from his former employer was $441.80.
3. The accused had a good level of education having reached the National University of Samoa and studied for a commerce degree. However, after one year he decided to leave the university and looked for a job. His first employment was with the Samoa Sports Lotto where he committed these offences.
4. The accused is married and has no children. He is a first offender. His mother told the probation service that the accused is an obedient son who cares for his parents and his family. When he was employed he used his wages to assist his family with church donations and village activities. The testimonial from the pulenuu of the accused’s village shows that the accused is obedient to his parents and had been taking active part in the youth activities of the village.
5. I have given careful consideration to the offending by the accused as well as his young age and his previous good character. In the circumstances, I have decided to impose a non-custodial sentence and to give the accused the opportunity to redeem himself while he is still a young man.
6. The accused is convicted and sentenced to 12 months community service.

CHIEF JUSTICE