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Police v Siaki [2012] WSSC 115 (20 August 2012)

SUPREME COURT OF SAMOA

Police v Siaki [2012] WSSC 115

Case name: Police v Talosaga Siaki

Citation: [2012] WSSC 115

Decision date: 20 August 2012

Parties: POLICE (prosecution) and TALOSAGA SIAKI female of Moamoa and Alamagoto

Hearing date(s): 16 – 19 July 2012

File number(s):

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): JUSTICE SLICER

On appeal from:

Order:

Representation:

E Niumata for prosecution
D Clarke for defendant

Catchwords: theft as a servant

Words and phrases:

Legislation cited:
Crimes Ordinance 1961, ss.85, 86

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN
POLICE
Prosecution
AND
TALOSAGA SIAKI female of Moamoa and Alamagoto
Defendant

Counsel: E Niumata for prosecution

D Clarke for defendant

Hearing: 16 – 19 July 2012

Reasons for Decision: 2 August 2012

Sentence: 20 August 2012

Charge: Theft As A Servant (x16)

SENTENCE OF SLICER J

1. Talosaga Siaki was found guilty of sixteen charges of Theft As a Servant on 2 August 2012, contrary to the Crimes Ordinance 1961 sections 85, 86. It is not necessary to repeat the facts of the case since they are set out in the Reasons for Decision of that date.
2. Talosaga Siaki had been jointly charged with Mapuni Toia, a co-employee who pleaded guilty to the same offences and was sentenced to two years imprisonment on 16 July 2012 for his part in the thefts.
3. Both were involved in the theft of $58,943 between September 2010 and March 2011. Each had been entrusted by their employer with the receipt and/or the recording of the transactions.
4. The Court is required to follow the principles of parity of sentence subject to significant difference such as prior record and the benefit of plea.
5. Here the Court will apply the principle of parity with but two difference which are:
   • (1) Mapuni Toia was entitled to the benefit of his plea of guilty. Talosaga Siaki is not.
   • (2) Mapuni Toia was a first offender. Talosaga Siaki has prior convictions for dishonesty, said by the Probation Services to have been committed in 2005 although its own documents stated that she had been interviewed by the Service on 16 November 2004. However, it is clear that she had been convicted and sentenced to a term of imprisonment of 2 years and 6 months for the offences of theft as a servant, forgery and handling of counterfeit money. She was released on parole on 21 July 2006 for 12 months.
6. Taking into account the above two matters and applying the principles of parity and general consistency, the appropriate penalty is that of 3 years imprisonment.

ORDERS:

(1) Talosaga Siaki is convicted of the offence of Theft As a Servant.
(2) Talosaga Siaki is sentenced to a term of imprisonment for a period of 3 years, such sentence to commence as and from 20 August 2012.

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

(JUSTICE SLICER)