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Police v Vaofefe [2026] WSSC 12 (17 March 2026)

IN THE SUPREME COURT OF SAMOA
Police v Vaofefe [2026] WSSC 12 (17 March 2026)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

VAOVELI MANU VAOFEFE, male of Letogo.

Accused

Counsels: J. Leung Wai for Prosecution
Accused appears in person
Sentence: 17^th March 2026

ORAL SENTENCE

The Charges:

1. Vaoveli, you appear for sentence on one charge of theft as a servant.
2. The maximum penalty for theft as a servant is 10 years’ imprisonment.

The Offending:

3. According to the Prosecution Summary of Facts which you’ve accepted, on 1st of September 2025, you were entrusted by your employer with SAT$3,185.00 in cash, together with a deposit book and banking slips.
4. You were expressly instructed to attend the Samoa Commercial Bank (SCB) to deposit the cash into the designated accounts, including the Employer’s account number, as well as to purchase cash power.
5. You took possession of the cash, deposit book and banking slips and left the workplace. Instead of banking the money that was entrusted to you, you stole it.
6. The matter was reported to Police by your employer the next day.
7. You told the Probation Service that you used the money to drink beer with strangers in town.

Background of the Accused:

8. You are a 19 year old male from Letogo, single and unemployed. The Pre – Sentence Report stated that you lived with your parents and completed school to Year 8. You claim to be a talented volley ball player.

The Victim:

9. The victim is Central Oil located at Taufusi. The Victim Impact Report shows that your parents had spoken with the business owner, and the matter has been settled and you are forgiven. They also do not want the repayment of the money stolen.

Aggravating Features of the Offending:

10. The aggravating features of your offending are as follows:
    • The breach of trust given to you by the victim to bank their takings; and
    • the amount of money stolen by you.

Aggravating Features in respect of the Offender:

11. There are no aggravating factors personal to you as an offender, as you are a first offender.

Mitigating Factors Personal to the Offender:

12. These are the Mitigating factors that I take into account on sentencing:
    • (a) First, is your remorse which I accept as genuine;
    • (b) your prior good character, though at 19 years of age that is limited as you are already before the Court as such a young age;
    • (c) The apology to the victim by your parents and their forgiveness;
    • (d) youth;
    • (e) your early guilty plea to the charge.

Discussion:

13. Vaoveli, as Justice Nelson said in Police v Tiatia [2024] WSSC 149 (3 Jul 2014) for the offence of theft as a servant:
    • ‘’The Courts Policy in respect of such offending is well established by a long line of cases. It is serious offending and its effects are always acutely felt in a small community such as ours. It is also one of the most common offences coming before the Court. Consequently, the Courts Policy is to impose imprisonment as its usual penalty. Unless, there are exceptional circumstances warranting some other treatment’’.
14. Prosecution seeks an imprisonment term with the start point of between 1- 2 years imprisonment. Ordinarily for this type of offending given the amount stolen by you, you will be going to prison today. Theft as a servant is prevalent and the Court’s sentencing policies should be very clear.
15. In your case however, a number of key factors together in my view makes your case one of the few exceptions in which I will depart from the Court’s usual sentencing policy of imprisonment and instead – impose a community – based sentence. These factors are your youth and first offender status. You have prior good character and therefore, I view your offending as isolated and out of character. Your decision was in the end, a very foolish decision taken by you – too immature to know better. I also take into account the apology and reconciliation and the view expressed by the victim together with you having taken responsibility for your actions.
16. You will not get this opportunity again Vaoveli and if you come back for similar offending, you should be prepared for what will await you.
17. I want to say this to you: your father has accompanied you to Court and been by your side. He spoke to me and I am very grateful for his words spoken. He told the Court that whatever the decision the Court reaches, including imprisonment – he will respect and accept that decision. I have seen many young men over the years come to Court with no parents by their side and no such love and support. You are very fortunate and you should never do such things to disappoint your father and family again.
18. Secondly, this is something I said during your sentencing and when we spoke. You claim to be a talented volleyball player. That isn’t a talent that is going to take you anywhere good. Often, young men who do come to Court often find themselves in trouble from the wrong friends made at the local volleyball games. As I said to your father and you – go back to school, learn a trade perhaps as carpentry as your father suggested and make something of yourself. It is never too late.
19. Now, make the most of this opportunity.

Result:

20. Accordingly, in respect of the charge of theft as a servant you are convicted and sentenced to 18 months’ supervision and directed as follows:
    • Attend the Teen Challenge Program as directed by the Probation Service; and
    • Carry out 200 hours of community work, not less than half of those hours (100 hours) is to be carried out at the Samoa Cancer Society, if the Samoa Cancer Society is amenable to you working there and it is assessed as a suitable place for that community work

JUSTICE CLARKE