IN THE SUPREME COURT OF SAMOA
Police v Pulega [2024] WSSC 107 (06 June 2024)

Case name: 	Police v Pulega	
		
Citation: 	[2024] WSSC 107	
		
Decision date: 	06 June 2024	
		
Parties: 	POLICE (Informant) v GREGORY LAFAELE PULEGA, male of Tulaele, Faleasiu and Fasitoo-tai (Defendant) 	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Supreme Court – CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Tuatagaloa	
		
On appeal from:		
		
Order:	I find appropriate 8 months’ supervision with the following conditions:

(i)	To attend church on Sundays (SDA, Tulaele) and report to the faifeau
(ii)	To report once a week to the Sui-o-le-Nuu (on a day and time they agree to)
(iii)	To serve 50 hours’ community service both to the faifeau (SDA, Tulaele) and Sui-o-le-Nuu Suailua Samuelu Kaleopa; and
(iv)	Not to re-offend.	
		
Representation: 	Josh Leung Wai for the Prosecution
Defendant appears in Person	
		
Catchwords: 	Theft as a servant – early guilty plea – apology – first offender – supervision term. 	
		
Words and phrases:		
		
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:

GREGORY LAFAELE PULEGA, male of Tulaele, Faleasiu and Fasitoo tai

Defendant

Counsel:	Joshua Leung Wai for the Prosecution
		Defendant appears in Person

Date:		06th June 2024

ORAL SENTENCING OF TUATAGALOA J
1. 	The defendant is a twenty-three (23) year old male of Tulaele, Faleasiu and Fasitoo-tai; married with 3 young children. He appears for sentence on the charge of theft as a servant to which he pleaded guilty to on the 29th April 2024. The defendant was working for Bluebird Lumber and Hardware in the Sales Team.
2. 	The offence of theft as a servant carries a maximum penalty of 10 years’ imprisonment pursuant to sections 161 and 165 (e) of the Crimes Act 2013. 
3. 	According to the Pre-Sentence Report the defendant took various items belonging to his Employer over five (5) days between 1st February – 28th March 2024. The defendant put the stolen properties on Makeki Online where one of the employees recognized the missing/stolen items and reported the matter.
4. 	The total value of properties stolen is ST$2,531.50. Some of the properties were recovered and returned to the employer with a total value of ST$1,346.50, leaving the employer with a financial loss of ST$1,185.00.  
5. 	The following are the aggravating features:
•	Breach of trust – Employer-Employee relationship
•	Value of stolen properties
•	Premeditation 
6. 	The mitigating factors relating to the defendant are:
•	Defendant pleaded guilty
•	Apologized to the Employer and has been accepted
•	A first offender 
7. 	Prosecution recommends custodial sentence of 12 months’ supervision.
8. 	I find appropriate 8 months’ supervision with the following conditions:
(i) 	To attend church on Sundays (SDA, Tulaele) and report to the faifeau
(ii) 	To report once a week to the Sui-o-le-Nuu (on a day and time they agree to)
(iii) 	To serve 50 hours’ community service both to the faifeau (SDA, Tulaele) and Sui-o-le-Nuu Suailua Samuelu Kaleopa; and
(iv) 	Not to re-offend 
JUSTICE TUATAGALOA