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Sofeni v Crown [2014] TVHC 4; Criminal Appeal 03.2013 (21 February 2014)

In The High Court of Tuvalu
HC. Crim. App. case no. 3/13
At Funafuti

Criminal Appellate Jurisdiction

Between:

Pelea Sofeni
Appellant

v

Crown
Respondent

BEFORE THE JUDGE

Mr. Isala T Isala for the appellant.
Ms. Nele Semu for the respondent.

The appellant was at the time of this offence, the executive officer of the Office of Parliament. In February 2012 one of the members of parliament returned to her some expenses [amounting to $1,056] to which he was no longer entitled.

The appellant attempted to pay the money into the Treasury. The officer who should have received it was not there. The appellant was requested to hold the money and bring it back again later. The appellant, instead of going back with the money, kept it and used it for her own purposes.

She pleaded guilty to larceny and embezzlement contrary to section 266(b)(ii of the Penal Code. The learned Senior Magistrate sentenced her to six months imprisonment.

The appeal is against sentence, contending that the term of imprisonment should have been suspended.

Counsel for the respondent has reminded me of what I said in two cases in 2004 in the High Court of Kiribati (Republic v Tanentoa and Republic v Taunteang) – "crimes of dishonesty, such as stealing from an employer, require the penalty of imprisonment unless there are very special reasons to the contrary." I affirm those remarks. They are as applicable in Tuvalu as in Kiribati.

There are no "very special reasons" found by the learned Senior Magistrate in this case nor can I find any.

The appeal is dismissed.

Date 21st day of February 2014.

Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU