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Police v Reti [2010] WSSC 180 (20 December 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

MARETTA RETI
female of Vaivase uta.
Defendant

Counsels: G Patu and P Valoia for prosecution
P L T Masipa'u for defendant

Sentence: 20 December 2010

SENTENCE

The defendant appears as a 28 year old solo mother of two on six charges of theft as a servant which she pleaded guilty to. The summary of facts which she has accepted through her counsel relates that at the relevant time she was employed by Samoa Tel as a project coordinator for two large scale projects being implemented by the company. In respect of both ventures the defendant was primarily responsible for raising purchase orders as well as arranging cheque payments to suppliers of the company. During the course of her employment the defendant personally cashed company cheques which were specifically designated for payment of various suppliers and kept the proceeds for her personal use. The details of the sums involved are contained in the informations and range from the lowest of $1,094.61 to the highest of $4,666.16. The total amount involved in these offending is $13,508.33 none of which to date has been restituted to the company.

Theft as a servant carries a 7 year maximum penalty. The defendant is not the first promising young female and probably sadly wont be the last to be brought before the court on such charges involving theft of large amounts of money from their employer. Due therefore to the prevalence of such offending the court has developed a sentencing policy whereby such offenders are usually punished by penalties of imprisonment. Police v Valaauina [2009] WSSC 21 contains a recent restatement of the courts sentencing policy in relation to this offence. And as noted by the court in another matter of Police v Uale [2010] WSSC 113 sentences for first offenders who pleaded guilty to stealing amounts around the $15,000.00 range vary from 18 months to 2 years in prison. In Police v Uale because of the sophistication involved in the offending the upper limit of 2 years for theft of $13,000 odd tala was applied. In Police vs McCathy (unreported) 21 August 2010 involving theft of $14,980.00 different factors resulted in an 18 months sentence. This case is similar to those and many other cases, the law reports are filled with them.

The defendant is a first offender of undoubted previous good character as testified to by the many character references submitted on her behalf to the court. As her counsel has highlighted in his plea she is obviously an intelligent young lady and shows much promise and had a bright future ahead of her. However that future was compromised the first time she used her employers money.

In my view considering the circumstances of this particular case including the fact that you are a first offender who has pleaded guilty and having regard to other penalties in like cases a term of 18 months is appropriate and consistent with those penalties. Accordingly for all these offences as a total penalty for the six charges you are convicted and sentenced to 18 months imprisonment.

............................
JUSTICE NELSON