Police v Pulusi [2017] WSSC 144 (4 December 2017)

SURPEEM COURT OF SAMOA
Police v Pulusi [2017] WSSC 144

Case name:	Police v Pulusi
Citation:	[2017] WSSC 144
Decision date:	4 December 2017
Parties:	POLICE v FAALILI PULUSI male of Tufulele.
Hearing date(s):	4 September 2017
File number(s):	S1189/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Convicted and sentenced to 6 months supervision. He is also ordered to perform 10 hours community service as directed by the probation service.
Representation:	L Sio for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) – ADC clinician – aggravating feature relating to the offending – mitigating features relating to the accused as offender – Toe Afua Se Taeao Fou Psycho-Education Alcohol and Drugs Programme –
Words and phrases:
Legislation cited:	Crimes Act 2013 s.161, s.165(e).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E

Prosecution

A N D

FAALILI PULUSI male of Tufulele.

Accused

Counsel:
L Sio for prosecution
Accused in person

Sentence: 4 December 2017

S EN T E N C E

The charge

1. The accused appears for sentence on one charge of theft as a servant, contrary to s.161 of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment pursuant to s.165(e). To the charge, he pleaded guilty at the earliest reasonable opportunity.

The offending

2. The prosecution summary of facts confirmed by the accused shows that between 1 March 2015 and 30 March 2016 the accused who was employed in the meat section of the Farmer Joe Supermarket at Saleimoa, together with a co-accused, stole eleven bottles of Taula beer from inside his former employer’s premises. They then drank the beers. It was quite sometime before this matter was discovered. The total value of the beers is $36.30. The accused was only interviewed by the police on 28 July 2017 and charged on 4 August 2017..

The Alcohol and Drugs Court (ADC) Programme

3. Following the accused’s plea of guilty, he was referred to the ADC clinician for screening. The report from the ADC clinician recommended that the accused undertakes the Toe Afua Se Taeao Fou Psycho-Education Alcohol and Drugs Programme to be followed by supervision. The accused has successfully completed and graduated from that programme.

The accused

4. As shown from the pre-sentence report, the accused is a 30 year old male with a wife and four young children. After Year 12 at school, he was employed in a bakery in Apia. He was later employed by the Farmer Joe Supermarket’s bakery and then its meat section when this incident happened. Apparently, it took a long time before this matter was discovered by the company. As a result, the accused was not charged by the police until 4 August 2017. The accused’s employment has been terminated. He is now self-employed selling pancakes, pork dumplings, and donuts.
5. The accused’s wife told the probation service that her husband is a person of good character, a caring father, and is a quiet and kind person. He is also a first offender.

The aggravating features relating to the offending

6. The only aggravating feature relating to this offending is the breach by the accused of his employer’s trust. But this is at the low end of the scale. The offending was also committed between 1March 2015 and 30 March 2016 but the accused was only charged on 4 August 2017.

The mitigating features relating to the accused as offender

7. The mitigating features relating to the accused as offender are that he has successfully completed and graduated from the Toe Afua Se Taeao Fou programme, he was a person of good character prior to the commission of this offence, and his early guilty plea.

Discussion

8. Having regard to the one aggravating feature relating to the offending and the mitigating features relating to the accused as offender, a non-custodial sentence is appropriate.

Result

9. The accused is convicted and sentenced to 6 months supervision. He is also ordered to perform 10 hours community service as directed by the probation service.

CHIEF JUSTICE