Police v Feiloaiga [2016] WSSC 71 (29 April 2016)

SUPREME COURT OF SAMOA
Police v Feiloaiga [2016] WSSC 71

Case name:	Police v Feiloaiga
Citation:	[2016] WSSC 71
Decision date:	29 April 2016
Parties:	Police (Informant) and Laga FEILOAIGA, female of Aufaga, Aleipta (Defendant)
Hearing date(s):
File number(s):	S178/16, S434/16-S464/16
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusā Justice Mata Tuatagaloa
On appeal from:
Order:	The defendant is to serve 9 months' imprisonment.
Representation:	L Sio for Prosecution Defendant in Person
Catchwords:	Falsifying accounts – theft as servant – multiple charges – paid full reparation – no remorse towards victims (reaction of defendant) – custodial sentence – betrayal of trust – high level pre-meditation – 18 months’ starting point
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

LAGA FEILOAIGA female of Aufaga, Aleipata
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Sentence: 29 April 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Laga, you appearing for sentence on:
   • 14 charges of false accounting with a maximum penalty of 7 years' imprisonment per offence;
   • 18 charges of theft as a servant with a maximum penalty of 10 years' imprisonment per offence.
2. You confirmed the summary of facts by the prosecution which basically says that you were employed by Seabreeze Resort at Aufaga. You falsified the accounts to enable you to steal the amounts you did on various dates beginning March 2015 to January 2016. You also on 15 January 2016 took the full amount paid by one of the guests when checked out. The total amount you took was $2,564.50.
3. You have paid $3,290.00 to your former employer, the Seabreeze Resort, in restitution. The owners of Seabreeze Resort have acknowledged payment of this amount but have said in their letter that your attitude when asked about the discrepancies in the accounts was arrogant and dismissive and that you did not even exhibit any remorse. The owners felt betrayed that they trusted and treated you well but you have misplaced their trust. You have since apologised to the complainants.
4. Your offending over a period of time takes planning on your part. I agree with the prosecution that deterrence with this offending takes priority over any rehabilitation. A custodial sentence is more appropriate in the circumstances of your offending.
5. I take the offending of theft as a servant as the leading offence and take 18 months as the starting point; less 6 months for previous good character and your relatively young age of 23; less 3 months for paying back the amount which amounts to more than the total amount you took; and then 1/3 discount for your early pleas. This leaves 6 months.
6. You are convicted and sentenced to 6 months’ imprisonment for each theft as a servant (18x) to be served concurrently.
7. For the charges of falsifying accounts, you are convicted and sentenced to 3 months' imprisonment for each charge (14x) to be concurrent.
8. The falsifying charges do not relate to the amounts you took or to the charges of theft as a servant. The penalty imposed will therefore not be concurrent but cumulative.
9. The imprisonment term for falsifying accounts is cumulative to the imprisonment term for theft as a servant.
10. The defendant is to serve 9 months' imprisonment.
    

JUSTICE TUATAGALOA