IN THE SUPREME COURT OF SAMOA
Police v Vavao [2014] WSSC 161

Case name: 	Police v Vavao	
		
Citation: 	[2014] WSSC 161	
		
Decision date: 	 04 August  2014	
		
Parties: 	POLICE (Prosecution)
PASIKALE VAVAO, male of Fasitoo-tai (First Defendant) AND POU VAILI, male of Satapuala (Second Defendant) AND SEMI VILIAMU, male of Malie (Third Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	Accordingly for the charge of theft as a servant against you Pasikale you will be convicted and sentenced to 6 months in prison.
Defendant Pou will be dealt with by a way of a monetary penalty.  You will be convicted and ordered to pay the following sums:  firstly a fine of $200.00; secondly police costs $50.00; Probation office costs $50.00.  Total sum of $300.00 is to be paid by 4:00 p.m. Wednesday 6 August, in default 3 months in prison.  
This defendant will also be convicted and ordered to pay the following sums: firstly a fine of $100.00; In addition to that police office costs $50.00; Probation office costs $50.00.  Total sum of $200.00 also payable by 4:00 p.m. Wednesday, in default 2 months imprisonment.	
		
Representation: 	O Tagaloa for prosecution
Defendants unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	PASIKALE VAVAO, male of Fasitoo-tai.
First Defendant

AND:

	POU VAILI, male of Satapuala.
Second Defendant

AND:

	SEMI VILIAMU, male of Malie
Third Defendant

Counsel:	O Tagaloa for prosecution
Defendants unrepresented

Sentence:	04 August 2014

SENTENCE
1.	The defendants all appear for sentence on a charge of theft of goods from Frankies Wholesale.  The goods as outlined in the charges include various boxes of groceries totalling altogether a sum of $1,548.80.  
2.	The Police summary of facts which they have all admitted says that firstly, Pasikale Vavao is a 28 year old male of Fasitoo-tai, married, one daughter; second named defendant Semi Viliamu 26 years old single of Malie; third defendant Pou Vaili 22 year old single male of Satapuala.  At the time all three of them were employees of Frankie’s Wholesale Limited at Togafuafua.  
3.	The police summary of facts says that these thefts were the idea of the defendant Semi Viliamu.  Probation pre-sentence reports however say that the thefts were Pous idea.  Whatever the case it was a planned theft and involved all three defendants.  You gentlemen were only caught because the box with the stolen goods was not strong enough and it fell apart.  The goods fell out of the box and this drew the attention of your supervisor to what was going on.  An inquiry led to the three of you and you have now pleaded guilty to stealing from your employer these goods to a total value of some $1,500.00. 
4.	It is clear from the summary however that no goods left the actual company premises and that all the goods were recovered by the company.  You have all pleaded guilty to the charge of theft as a servant which carries a 10 year maximum penalty by law and it is now a question of the appropriate penalty for your offending.  
5.	Of the three of you only Pasikale has a previous conviction for a similar offence.   Police records indicate that he was convicted of theft by the District Court and was fined in 2005 so of the three of you Pasikale is a re-offender. 
6.	Of the three of you I also note that according to the probation office report only one letter has been received concerning an apology.  This letter is from Susana Vaifale your previous supervisor and indicates the defendant Semi Viliamu apologised to her for what you three did.  No other letters have been received in respect of you Pasikale or you Pou.  
7.	I will deal with you one by one.   Firstly, you Pasikale.  You have a previous conviction for a similar kind of offence.  On that occasion Pasikale the court could have sent you to prison, it did not, it gave you another chance.  You have had your chance; you have re-offended.  Only one penalty is now available for you Pasikale.  I agree with the prosecution a 12 months prison terms is appropriate for your matter.  However I am going to deduct 6 months to reflect your guilty plea and to reflect the fact that you have stayed out of trouble for almost 10 years.  
8.	Accordingly for the charge of theft as a servant against you Pasikale you will be convicted and sentenced to 6 months in prison.
9.	Pou and Semi you are both first offenders.  You both have a good background as outlined in your presentence reports.  There are good references attached to your respective reports.
10.	In respect of you Pou I also note what your mother told the court this morning.  Ona o tulaga ia Pou e mafai ona tuu atu le avanoa mo oe i le aso mo le mataupu lenei ae o le fautuaga ia oe faaoga lelei le avanoa.  Ua e vaai le mea e o’o i le tagata e avatu le avanoa ae le faaogaina toe aumai i luma o le faamasinoga o Tafaigata lava le iuga e o’o i ai.  O le fautuaga a le faamasinoga ia oe ia e tausisi i le tulafono Pou ma aua nei e toe aafia i se soligatulafono faapea ia po’o seisi lava soligatulafono ua e malamalama Pou? (Defendant indicated he understood).
11.	Defendant Pou will be dealt with by a way of a monetary penalty.  You will be convicted and ordered to pay the following sums:  firstly a fine of $200.00; secondly police costs $50.00; Probation office costs $50.00.  Total sum of $300.00 is to be paid by 4:00 p.m. Wednesday 6 August, in default 3 months in prison.  Ua e malamalama i le faaiuga o lau mataupu Pou?  (Defendant said yes).  
12.	In respect of you Semi you are also a first offender who has a good background as per the probation office report. And as noted you have apologised for your behaviour to the company and that has been confirmed to the court.  You have pleaded guilty and saved the courts time.  The court can give you a second chance today Semi but you do this again you will end up like Pasikale, are we clear?  Ua manino lea tulaga i lau susuga Semi? (Defendant said yes). 
13.	This defendant will also be convicted and ordered to pay the following sums: firstly a fine of $100.00; In addition to that police office costs $50.00; Probation office costs $50.00.  Total sum of $200.00 also payable by 4:00 p.m. Wednesday, in default 2 months imprisonment.  Ua e malamalama i le faaiuga Semi?  (Defendant indicated he understood). 

JUSTICE NELSON