Police v Sekone [2020] WSSC 10 (30 January 2020)

IN THE SUPREME COURT OF SAMOA
Police v Sekone [2020] WSSC 10

Case name:	Police v Sekone
Citation:	[2020] WSSC 10
Decision date:	30 January 2020
Parties:	POLICE (Informant) and FOU SEKONE, male of Magiagi (Defendant)
Hearing date(s):	10th – 12th July 2019
File number(s):
Jurisdiction:	CRIMNAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The accused is convicted and sentenced to 18 months’ imprisonment.
Representation:	A Matalasi for Prosecution K Koria for the Defendant
Catchwords:	theft as a servant –breach of trust – custodial sentence – pre-meditation
Words and phrases:	found guilty after a defended hearing – value of property exceeds $10,000 – offending occurred multiple times
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

FOU SEKONE, male of Magiagi

Defendant

Counsel: A Matalasi for Prosecution
K Koria for the Defendant

Sentence: 30 January 2020

SENTENCING OF TUATAGALOA J

1. The accused Fou, now appears to be sentence on one count of theft as a servant to which he had been found ‘guilty’ after a defended hearing. The facts have been fully traversed in the hearing.
2. The accused was originally charged with two other men who pleaded guilty and have been sentenced to 2 ½ years’ imprisonment.
3. The charge states that at Motootua during the year 2017 the defendants being servants of the National Health Services did dishonestly take sixteen (16) boxes of pharmacare paracetamol; tablets valued at $10,560.00, such tablets being the properties of their employer the National Health Services. The defendants at the time were employed at the Pharmacy Division Warehouse of the National Hospital at Moto’otua.
4. The offence of theft as a servant is a prevalent offence and the Court usually impose imprisonment terms as a means of deterrence and to make the offenders accountable. The accused will receive a custodial sentence like his co-defendants and will be sentenced accordingly.
5. I agree with the aggravating factors noted by the Prosecution in their memorandum as follows:
   • (i) Significant breach of trust – you were entrusted with the custody and supply of goods to the hospitals;
   • (ii) Pre-meditation – it took planning to do what you and the other two defendants did;
   • (iii) The offending was not one-off but it was done six times over a one-year period;
   • (iv) The value of the properties exceeds $10,000; and
   • (v) The properties were medicines and supplies for the hospitals for the health care needs of the public at large.
6. The mitigating factors in the accused favour is his prior good character. From the testimonials of his family, he is a very reliable person. The written testimonials from his Church Minister and Pulenu’u including his former supervisor basically speaks of his good character, his involvement in the village and the church. His former supervisor speaks of him as being an outstanding employee.
7. It was also clear from the evidence that the accused did not initiate this offending but that he like one of the men already sentenced (Amanono Mafuolo) joined in at a later stage. The accused culpable level is not the same as the main instigator of this offender, who was identified as Pio Fesola’i, already sentenced by the Court.
8. I agree with Prosecution’s recommendation for a starting point of 3 and deduct 12 months for first offender status and/or prior good character. I also take into account the written testimonials as to the accused’s character; he was an outstanding employee, a reliable family member, his service to his church and to his village and deduct a further six months. This leaves 18 months.
9. The accused is convicted and sentenced to 18 months’ imprisonment.
   

JUSTICE TUATAGALOA