Police v Seiuli [2015] WSSC 206 (9 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v Temukisa SEIULI [2015] WSSC 206

Case name:	Police v Temukisa SEIULI
Citation:	[2015] WSSC 206
Decision date:	9 November 2015
Parties:	Police (prosecution) v Temukisa Seiuli, female of Alafua & Nofoalii
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to six months’ imprisonment.
Representation:	Ms Ioane for the Prosecution Defendant appears in Person
Catchwords:	Obtaining by deception – public servant –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

TEMUKISA SEIULI,
female of Alafua & Nofoalii

Defendant

Counsel:
Ms Ioane for the Prosecution
Defendant appears in Person

Hearing Date: 09 November 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. Temukisa, you are to be sentenced for the offence of obtaining by deception the amount of $2,400.00 in cash from Martha Papalii.
2. You have pleaded guilty which means that you have accepted the offence that you are to be sentenced on. This offence carries the maximum penalty of a maximum of 7 years’ imprisonment.

The offending:

3. You have confirmed the summary of facts as read out to you which basically says that:
   1. You were employed at the time at the Live Stock division of the Ministry of Agriculture at Vailima.
   2. In April 2015, the victim’s father on her behalf visited the Live Stock division to look at purchasing some live stock (cows).
   3. You approached the victim’s father and told him that you can assist by giving him a good price.
   4. Some days later you called the victim’s father and insisted that he gives the money to you instead of paying it to the Ministry. The victim’s father on 16 April 2015 gave $2,400.00 to you to purchase 3 cows.
   5. The victim and her father never received the 3 cows.

The accused:

4. You are 31 years old, married with three children and residing at Faleseela at your husband’s family. The pre-sentence report says that your husband never expected you to do this sort of thing. Your Church Minister said that you are a person of good caliber. The pre-sentence report also says that you are 7 months pregnant.

The victim:

5. The victim is Martha Papalii whose father attended on her behalf to enquire about purchasing livestock from the Ministry of Agriculture. It was the victim’s father that dealt with the accused.

Aggravating factors:

6. I find the following aggravating features to the offending:
   1. Planning/pre-meditation: The accused may not have planned it when first approached by the victim’s father but when she was given time to find out how much it would cost to purchase 3 cows, she at that time had a plan to obtain and use the money to refinance her loan with SHC as said in the pre-sentence report.
   2. Amount involved of $2400.00.
   3. Impact on the victim: the victim is out of pocket with money that she saved for 3 months towards putting her daughter in school the following year. This is a big amount and hard earned cash by the victim for her family.

Mitigating factors:

7. The only mitigating factors are the accused early plea and being of previous good character in the last 30 years.

Discussion:

8. This matter was to be for sentence on 9 November 2015. However, in the pre-sentence report the victim and her father had asked that the accused pay back the $2,400.00. The Court in view of that then adjourned sentence for a month to allow for the accused to pay back the said amount to the victim. However, the accused was unable to pay back the full amount or make any repayments towards the said amount.
9. I have been referred to other cases of the same offence that have been sentenced by this Court.
10. This offending is no different from that of theft. It is a dishonest offence.
11. I give 18 months starting point; less 6 months for previous good character and give 1/3 discount for early plea, which brings it to 8 months. I will on compassionate grounds due to your condition, that you are 7 months pregnant, and especially to the child that is yet to be born further deduct 2 months.
12. You are convicted and sentenced to 6 months’ imprisonment.
    

.......................................
Justice Mata Keli Tuatagaloa