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Police v Pulega [2024] WSSC 107 (6 June 2024)

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

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: 06^th 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 29^th 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 1^st February – 28^th 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