IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

FRANCIS AH SUE
of Siuega and Faga Savai’i
Defendant

Counsel: Mr D. Potoi for the Prosecution
Mr J. Brunt  for the Defendant

Date of Hearing: 22 March 2001
Date of Sentencing: 7 May 2001

SENTENCING REMARKS OF VAAI J

Defendant, you were found guilty after hearing offences on two charges of theft as a servant.  The offences were committed in August and September last year.  As a result of your not guilty plea a defendant hearing lasting about three days was conducted.  At the end of which I found you guilty of those charges.

The sums involved are large amounts.  The August charge concerned the sum of $4,000.00 and the September charge involved the amount of $5,000.00.  For each offence you are liable to 7 years imprisonment.

You have, through cross examination by your counsel tried to blame the system at the bank 

and that the money may have been lost somewhere within the system.  I have no difficulty in disbelieving that, in fact when you gave evidence you specifically did not refer to the amounts and to the charges for which you have been charged.  In fact there were others before you who went through the same system and no problem arose within the bank.

I can only deduct from what I heard in evidence that you saw a flow in that system and it took advantage of that flow.  You were a responsible teller and that was one of the reasons why you were put in charge of the ATM machines together with other tellers.

I have read the probation report prepared on your behalf  and I have also listened to what your counsel had to say.  I am mindful of imposing a custodial sentence of 1 ½ years, however there are mitigating factors which I must now take and consider.  Firstly, you were a young and firs offender.  You have a young family to look after.

Of all the testimonials submitted in your behalf I find that testimonial by Father Nicholas Fidow to be the more valuable testimonial in my opinion and he says in his testimonial, I am quite shocked at Francis should ever be involved in such a crime.  However I am also aware that he is only human and has fallen prey to the temptations of life.  I also believe that he got married too sooner and was not ready for the pressures of looking after a family and in doing so was stressed to the limit where he decided to make the wrong choice.

I accept every word of that quote and I, it is my belief that you were subject to temptation and from pressures not only from your family but from your own beers.

It is not the pleasure for me to see a young man like you go into prison but I have no other choice.  Having taken all those mitigating factors into account, you are sentenced to 18 months imprisonment.  Both terms are to be served concurrently.

JUSTICE VAAI