Police v Leilua [2016] WSSC 78 (13 May 2016)

SUPREME COURT OF SAMOA
Police v Leilua [2016] WSSC 78

Case name:	Police v Leilua
Citation:	[2016] WSSC 78
Decision date:	13 May 2016
Parties:	POLICE v THEODORUS REUPENA LEILUA male of Alafua, Tafitoala and Satuiatua Savaii
Hearing date(s):	13 May 2016
File number(s):	S108/16, S297/16
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LAULUSAMANAIA TUATAGALOA
On appeal from:
Order:	- Convicted and sentenced to one year and eight months’ imprisonment for each offence to be served concurrently.
Representation:	L Sio for Prosecution S Ponifasio for the Defendant
Catchwords:	Sentence – theft as servant – bank worker – first offender – apology made by defendant’s family – reparation made (bulk of amount stolen) – starting point for sentence
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:

THEODORUS REUPENA LEILUA, male of Alafua, Tafitoala and Satuiatua Savaii
Defendant

Counsel:
L Sio for Prosecution
S Ponifasio for the Defendant

Sentence: 13 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Theodorus, you are appearing for sentence on two counts of theft committed while being employed by the Samoa Commercial Bank as their Electronic Banking System (EBS) Leader. The defendant was allocated to service the ATMs at the main branch and is one of the only authorized persons who has the key and password to open the ATM room.
2. The first theft was committed on or between 11 December 2013 and 31 July 2014 when the defendant was serving ATM #7 at the SCB main branch at Matafele. The amount stolen was $34,710.00.
3. The second theft was between 22 March 2014 and 15 July 2014 when the defendant serviced ATM #9 at the SCB main branch. The amount stolen was $23,920.00.
4. The total amount stolen was $58,630.00.
5. The penalty for each offence is maximum 10 years' imprisonment.
6. The summary of facts was read out and confirmed by the defendant.
7. The defendant is a 31 year old male of Alafua, married with three children. He first worked at ANZ Bank for eight years before the Samoa Commercial Bank (SCB).
8. The complainant’s (SCB) acting Chief Executive confirmed an apology on behalf of the defendant by his mother, wife and father-in-law. The defendant is a first offender and has pleaded guilty to the offences.
9. There is nothing suggesting that the defendant is not of good character or behavior prior to the offending. His church minister speaks of his good character and leadership of their church choir.
10. The acting Chief Executive for SCB confirms that the defendant has repaid $40,500.00. However, he said that as a result of the defendant’s theft:
    1. the Bank has changed its procedures when servicing ATMs and is costly to the Bank as it had to hire and train additional staff; and
    2. the investigations carried out by the Bank into the missing money was time consuming and also costly.
11. This was a serious breach of high financial responsibility by the defendant of his employer. The defendant was in a leadership role entrusted by his employer; that role and trust the defendant abused. Although most of the money has been paid back it is not enough for the defendant to avoid imprisonment.
12. The prosecution as usual advocates for a custodial term with a starting point of four years. Your counsel advocates for a three or 3½ years starting point. I agree with prosecution this time with both a custodial sentence and with their starting point.
13. I take four years’ starting point; less 12 months for first offender; less six months for money paid back which shows remorse and acknowledgment of responsibility; less 1/3 for early pleas. This leaves 20 months or one year and eight months.
14. The defendant is convicted and sentenced to one year and eight months’ imprisonment for each offence to be served concurrently.

JUSTICE TUATAGALOA