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Police v Poasa [2010] WSSC 143 (19 July 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

NIUTOVALE POASA, male of Lalovi Mulifanua.
Defendant

Counsels: Ms F. Vaai for prosecution
Defendant unrepresented

Sentence: 19 July 2010

SENTENCE

The summary of facts for the defendant relates as follows:

1. The defendant is a forty-two (42) year old male of Lalovi, Mulifanua. He is married with six (6) children.
   
2. At the time the offence was committed, the defendant was employed as a salesman of TNT Co-operation Ltd at Fasitoo-uta.
   
3. As a salesman the defendant was responsible for the delivery of the companys goods to its various retailers.
   
4. In the course of employment the defendant entered into a written agreement with the company's customers that goods will be supplied on a credit basis.
   
5. When the company approached customers for payment of their debts they were told that they have already made payments to the defendant.
   
6. The defendant also receipted payment for some of these transactions in a receipt book which does not belong to the company.
   
7. On the 24 May 2010 the defendant stole $4,739.95 from the TNT Cooperation Ltd.
   
8. This money had been used by the defendant to finance personal family obligations.
   

While the amount here is less than previous sentencings this afternoon, the same principles referred to earlier also apply and I am sure the defendant has heard those. Defendant you were entrusted with the companys goods and you sold them on the companys behalf and then kept the money for those goods, money totaling $4,739.95. In doing so you broke the trust placed in you by the company and by its customers. And this sort of offending is far too common in our society and as you have heard it normally results in a jail term. There is no reason Niu to depart from that in your case.

But you are entitled to deductions from the normal penalty that would prevail. Because you are a first offender, you have pleaded guilty and because of the other factors referred to by the probation office in your report. All those matters reduce what would otherwise be a penalty of around 2 years to 12 months in prison. But I note in this case that it has been confirmed by the complainant that $1,700 of the money you stole has been repaid, and so for that I will give you a credit of 2 months and deduct that from your 12 month term.

Accordingly for the theft of $4,739.95 you are convicted and sentenced to 10 months in prison. The other charges against you in the District Court will remain in the District Court to be dealt with by that court. And any penalty for those charges will have nothing to do with this present penalty as they are separate to this.

JUSTICE NELSON