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Police v Toia [2012] WSSC 111 (16 July 2012)

SUPREME COURT OF SAMOA

Police v Toia [2012] WSSC 111

Case name: Police v Mapuni Toia

Citation: [2012] WSSC 111

Decision date: 16 July 2012

Parties: POLICE (prosecution) and MAPUNI TOIA male of Faleapuna and Salepoua’e

Hearing date(s): 16 July 2012

File number(s):

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): JUSTICE SLICER

On appeal from:

Order:

Representation:
E Niumata for prosecution
A Roma for defendant

Catchwords: theft as a servant

Words and phrases:

Legislation cited:
Crimes Ordinance 1961, s.86(g)

Cases cited:
Police v Perenise Ameti Moefaauo (26 April 2010) [2010] WSSC 64
Police v Lynn Ah Sang (20 February 2009) [2009] WSSC 20
Police v Tautai Fata (26 March 2010)
Police v Sarai Faleupolu (19 July 2010) [2010] WSSC 144
Police v James Tavana (3 September 2010) [2010] WSSC 103

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN
POLICE
Prosecution
AND
MAPUNI TOIA male of Faleapuna and Salepoua’e
Defendant

Counsel: E Niumata for prosecution

A Roma for defendant

Hearing: 16 July 2012

Sentence: 16 July 2012

Charge: Theft As A Servant

SENTENCE OF SLICER J

1. Mapuni Toia has pleaded guilty to 16 counts of the offence of Theft As a Servant contrary to the Crimes Ordinance 1961 section 86 (g). The amount involved was $58,943 and the offences were committed between September 2010 and March 2011. The defendant has been employed by the Vailima Breweries as a Sales Representative who was required to invoice sales, collect cash payments, record receipts and handing the money and accompanying receipts to the Company. His method was to write the true amount on the original of the receipt and issue it to the customer. In fact he inserted paper between the original and the carbon-copy. He would then record a different client and a lesser amount in the carbon-copy which he passed on to his employer. His motive in taking the money was to enhance his standard of living for himself and for his family.
2. The Court has regard to comparable cases such as Perenise Ameti Moefaauo (26 April 2010), Lynn Ah Sang (20 February 2009), Tautai Fata (26 March 2010), Sarai Faleupolu (19 July 2010) and James Tavana (3 September 2010). A commencing point of 5 years will be adopted; taking into account breach of trust, the amount involved and multiple offending with a degree of premeditation.
3. The defendant is now aged 31 and is married with two children aged 5 and 3 years. As stated he is employed by the Company for a period of 10 years and until these offences was regarded as a good employee. He is a first offender and the Court takes into account the fact that his family will be affected by his imprisonment. A significant matter is that he had cooperated with police at an early stage, making admissions in a non cautioned statement in early April 2011 and repeated those admissions in a cautioned statement of 29 April 2011. In addition to the cases previously outlined, the Court pays regard to the sentence imposed on Leota Petaia on 17 December 2010.
4. It would appear from the court record that he has served no period of imprisonment between first appearance and the date of sentence. If the Court is wrong on that point, it will take into account any period already served.
5. Although a formal plea was only indicated to the prosecution shortly before trial, it is said that he was entitled to consult and obtain legal advice before confirming his admissions made in April 2011. Accordingly, he will be given the benefit equivalent to that of an early plea. Without that, the Court would have sentenced him to a term of imprisonment for 2 years and 6 months. It will give him the further benefit of the early admissions and impose a final sentence of 2 years imprisonment to commence as and from 16 July 2012.

ORDERS

(1) Mapuni Toia is convicted of the offences of TAS comprised in Informations S511 – 525/11 and S406/11.
(2) Mapuni Toia is acquitted of Informations S526 – 531/11.
(3) Mapuni Toia is sentenced to a term of imprisonment of 2 years such sentence to commence as and from 16 July 2012.

..............................

(JUSTICE SLICER)