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Police v Tevaga [2025] WSDC 13 (3 October 2025)

IN THE DISTRICT COURT OF SAMOA
Police v Tevaga [2025] WSDC 13 (3 October 2025)

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

A N D:

ALAKONI PINETUAOI SIO TEVAGA aka KARLIE ONOLINA PINETUAOI female of Vaitele- Fou & Lano

Accused

Counsel: Inspector P. Ualesi for the Prosecution
The Accused in person

Sentence: 3 October 2025

SENTENCE

The Charges

1. You appear for sentence after being found guilty of 6 separate charges of obtaining by deception pursuant to section 172 & 173(a) of the Crimes Act 2013. The punishment for a single charge of obtaining by deception is a term of imprisonment for a period of not more than 7 years.

The Offending

2. The full facts pertaining to the offending are set out in my written judgement delivered on 19 September 2025. The 6 charges stated above are the result of four separate complaints all involving a service which you advertised to provide - the sale and purchase of imported vehicles. A summary of the offending follows.
3. The first offending was committed on 10 February 2023 when you instructed the first victim to deposit ST$17,000 into your National Bank of Samoa account intended to go towards the purchase of a pick-up for his birthday. Despite representations, undertakings and assurances from you, a pick-up was never purchased and the money was never returned.^[1]
4. The second offending occurred between 17 March 2023 and June 2023. You sent the second victim a message offering assistance with the purchase of a vehicle. You and the second victim agreed on a black Nissan vehicle for the price of ST$12,000. However, a total of ST$14,000 was paid by the second victim to you between 17 March 2023 and June 2023 for the full purchase of the vehicle agreed to. The vehicle was not delivered by you despite representations, undertakings and assurances, nor did you return the money to the second victim.^[2]
5. The third offending took place on 16 June 2023 when the third victim deposited with you the amount of ST$17,500 to go towards the purchase of a 2015 Toyota Noah. You did not purchase the vehicle despite your representations, undertakings and assurances and no money was returned to the third victim.^[3]
6. The fourth, fifth and sixth offending took place on 15 July 2024, 23 July 2024 and 24 July 2024 respectively to the same person, the fourth victim. You approached the fourth victim when he was at a vehicle dealership at Lalovaea and offered to assist him with the purchase of a vehicle. The fourth victim was looking to purchase a vehicle for father’s day. Later that same week you called him again offering your service. You called again the following Monday on 15 July 2024 and an agreement was reached for the purchase of a white Toyota Fielder for ST$19,500. The amount of ST$10,000 was deposited with you on the same day. Another payment of ST$4,000 was paid to you on 23 July 2024 after you gave assurances that the vehicle was on the boat and on its way. The very next day, 16 July 2024 a further ST$5,500 was requested by you and paid by the fourth victim. The total amount paid to you by the fourth victim was ST$19,500. Despite multiple representations, undertakings and assurances, no vehicle was purchased and delivered to the fourth victim nor was the money returned.^[4]
7. Separate complaints were laid by the four victims with police.

The Background of the Accused

8. You are a 36 year old female of Vaitele-Fou and Lano with two children. Before you were taken into custody you were living at Vaitele Fou. At the time of the offending in 2023 you were running a restaurant called Tunoa and a business called Samoa Budget Wheels. Both businesses changed locations regularly. When you reoffended in July 2024 you were at the time released on strict bail conditions for the complaints in 2023.

The Victims

9. The first victim is a 65-year-old married man who is now retired. The vehicle involved was intended as a birthday gift for him.
10. The second victim is a young woman who was married at the time of the incident. She was unemployed and financially dependent on her husband, who was working in New Zealand under the RSE programme. As a result of this incident, tensions arose in their relationship, ultimately leading to their separation.
11. The third victim is a 43-year-old man. The vehicle was designated for the use of his family here in Samoa and had been financed by his brother residing in New Zealand.
12. The fourth and final victim is a 65-year-old married man who works as a carpenter. The vehicle was meant to be a Father’s Day gift from his children.

Aggravating Features of the Offending

13. The following are the aggravating features of your offending:
    • (i) The significant financial loss involved in your offending. The total amount of your offending is ST$68,000.
    • (ii) It involved a high degree of planning and premeditation. The offending was deliberate, calculated and planned;
    • (iii) The gross breach of trust. Four individuals were deceived, representing a profound betrayal of the confidence they had placed in you.
    • (iv) Your offending in July 2024 occurred despite an active warrant for your arrest, which had been issued due to your failure to appear at a scheduled court hearing for the 2023 charges.

Mitigating Feature in respect of the Offending

14. There is no mitigating feature of your offending.

Aggravating Features in respect of the Offender

15. You are a recidivist offender having previous convictions in December 2016, February 2018 and again in March 2018 for the same offence. You are definitely no stranger to the Courts.

Mitigating Factors in respect of the Offender

16. There are no mitigating factors personal to you. Although you have apologised, I do not accept that you are genuinely remorseful for your actions.

Discussion

17. I have carefully considered your actions, and the nature and extent of your offending is deeply troubling. You stand convicted of six counts of obtaining by deception, involving four victims and a total sum of $68,000. Three of these offenses occurred consecutively in 2023, followed by the fourth in 2024 while a warrant for your arrest was active. This sequence of events illustrates a sustained and calculated pattern of dishonesty, carried out with clear intent and disregard for the law.
18. Your actions have had far-reaching consequences. In Samoa, where family and community bonds are deeply cherished, your conduct has caused not only financial loss but also significant emotional distress and public embarrassment.
19. Your deception has led to the breakdown of the relationship between one of your victims and her husband—a deeply personal and painful consequence that cannot be ignored. Particularly distressing is the fact that two of your victims were elderly men, both over the age of 60. They entrusted you with significant funds to purchase vehicles—one intended as a birthday gift, the other as a Father’s Day present. You exploited them for personal gain. The emotional harm caused by your deception is immeasurable.
20. You did not simply take money—you took advantage of trust. You misled individuals who believed in your integrity, and in doing so, you robbed them of joy, dignity, and peace of mind. The ripple effects of your offending have eroded trust and inflicted lasting damage in the lives of those you targeted. The Court views this as a serious breach of moral and social responsibility.
21. I have read the presentence report provided by probation including your letter of apology and other letters submitted on your behalf requesting for leniency. You had ample opportunity to rectify your wrongdoing over the years and to pay back the money. Instead, you chose to hide behind a defective agreement which you never had any intention of honouring. This demonstrates a lack of genuine remorse and a disregard for the harm you have inflicted. The Court must respond firmly to such conduct—not only to hold you accountable, but to deter others who may contemplate similar schemes.
22. What makes this case even more serious is your history. You have three prior convictions for similar offending. This demonstrates a clear pattern of behavior and a troubling unwillingness to change. Despite previous opportunities to reform, you have continued to engage in deceitful conduct. The Court must now consider not only punishment and deterrence, but also protection of the public from further harm.
23. The seriousness of these offenses demands a sentence that reflects the gravity of your actions. The Court must send a clear message that deception, particularly when it targets the vulnerable and exploits acts of kindness, will not be tolerated. Justice requires that you be held to account.
24. I have reviewed cases for similar type of offending such as Police v Ah Kuoi [2016] WSSC 45, Police v Su’a [2017] WSDC 6, Police v Fareti [2017] WSDC 19 and your earlier matter Police v Tevaga [2018] WSSC 26. Based on these decisions, I am satisfied that a custodial sentence is unavoidable.
25. I will consider the totality of your offending and take charge no. 3 as the lead charge. I find that the appropriate start point for sentence is 3 years’ imprisonment. For your prior conviction I uplift that by 1 year. That brings your sentence to 4 years’ imprisonment.
26. There are no mitigating factors applicable to you
27. Accordingly, for charge no. 3 you are hereby convicted and sentenced to 4 years’ imprisonment. For the remaining charges 1,2,4,5,6 you are also convicted and sentence to 4 years’ imprisonment for each charge which are to be served concurrently with charge no. 3.
28. The end sentence for all charges is therefore 4 years. imprisonment. Any time which you have spent in custody for these offending is to be deducted from this sentence.
    

JUSTICE KERSLAKE

^[1] Charge No. 2 for the amount of ST$17,000.
^[2] Charge No. 1. For the amount of $14,000.
^[3] Charge No. 3. For the amount of $17,500.
^[4] Charge No. 4 for $4,000, Charge No. 5 for $5,400 and Charge No. 6 for $10.000