Police v Lupematasila [2015] WSSC 218 (7 December 2015)

IN THE SUPREME COURT OF SAMOA
Police v Lupematasila [2015] WSSC 218

Case name:	Police v Lupematasila
Citation:	[2015] WSSC 218
Decision date:	07 December 2015
Parties:	POLICE (Prosecution) MOTUNA LUPEMATASILA, female of Matautu Falelatai. (Defendant)
Hearing date(s):	-
File number(s):	S2869/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	For this offence convicted and sentenced to 1½ years in prison, any remand in custody time is to be deducted.
Representation:	F Ioane and Mr Tumua for prosecution Defendant unrepresented
Catchwords:	Theft as a servant
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

MOTUNA LUPEMATASILA, female of Matautu Falelatai.
Defendant

Counsel: F Ioane and Mr Tumua for prosecution
Defendant unrepresented

Sentence: 07 December 2015

SENTENCE

1. The defendant has pleaded guilty to one count of theft as a servant. The police summary of facts which she admitted at the last calling of this case says she is a 25 year old female of Matautu Falelatai, single and was at the time of the offending employed at Le Vasa Resort. The complainant is the Manager of Le Vasa Resort. The defendant was employed by the Resort as a cashier, server and receptionist.
2. In her capacity and because of her duties, she became familiar with the procedure adopted for the storing of the money in the Resorts safe. She took the opportunity to memorise the entry code of the safe where the money was kept. On three occasions when no one else was around she broke into the safe and stole first the sum of $2,000.00. On the second occasion $4,000.00 and on the third occasion another $4,000. 00. The total $10,000.00 is the amount she has pleaded guilty to stealing. She told the probation office that this money was used for her personal use and to entertain her boyfriend.
3. This is another sad case of yet another young woman stealing from her employer. She was trusted by her employer and she betrayed that trust. She used her knowledge of the procedure in order to steal $10,000.00, this is a significant amount of money. Her thefts were clearly planned, she went to the trouble of memorizing the safe code and she carried out her actions when no one was around.
4. It is difficult to understand how she thought she would never be caught because all thieves eventually get caught. Particularly when I read her pre-sentence report which says she is an educated and a clever young woman.
5. However, theft as a servant is one of the most prevalent offences in this country. The courts approach for such cases is to invariably impose prison sentences whether the offender be male or female. It is hoped that such deterrent sentences will curtail this kind of offending although I must confess that is not the result it seems to be having.
6. The maximum by law for this offending is 10 years in prison. Considering all the circumstances of your matter however I start sentencing at 4 years in prison. There are deductions you are eligible for I will make them now for you. I deduct one-quarter of the term for your guilty plea. That leaves a balance of 3 years in prison.
7. You have a good pre-sentence report, you are a first offender, you have a good background and there are good references attached to the report. I give you full credit for that, I deduct 6 months from your sentence, leaves 2½ years in prison.
8. Probation office has confirmed your apology with your parents to the complainant resort and also that full restitution of the $10,000 has been made probably by your family. That is a significant restitution, for those matters I deduct one year from the balance of your sentence leaves 1½ years.
9. There are no other deductions I can make your matter Motuna. For this offence convicted and sentenced to 1½ years in prison, any remand in custody time is to be deducted.
   

JUSTICE NELSON