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Police v Pili [2014] WSSC 54 (29 September 2014)

SUPREME COURT OF SAMOA

Police v Pili [2014] WSSC 54

Case name: Police v Sausoli Loli Pili

Citation: [2014] WSSC 54

Decision date: 29 September 2014

Parties: P O L I C E, Prosecution A N D SAUSOLI LOLI PILI female of Vaitele-uta and Vaipu’a, Savaii, Accused

Hearing date(s):

File number(s): S2257/14, S2295/14, S2306/14

Jurisdiction: CRIMINAL

Place of delivery: MULINUU

Judge(s): CHIEF JUSTICE PATU FALEFATU SAPOLU

On appeal from:

Order:

Representation:
L Su’a-Mailo and B Faafiti-Lo Tam
Accused in person

Catchwords:

Words and phrases:
theft as a servant, aggravating and mitigating features, sentence

Legislation cited:
Crimes Act 2013 s.161 (1)(a) and165(e)

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NOs: S2257/14, S2295/14, S2306/14

BETWEEN

P O L I C E
Prosecution

A N D

SAUSOLI LOLI PILI female of Vaitele-uta and Vaipu’a, Savaii.
Accused

Counsel
L Su’a-Mailo and B Faafiti-Lo Tam for prosecution
Accused in person

Sentence: 29 September 2014

S E N T E N C E

The charges

1. The accused appears for sentence on 12 charges of theft as a servant, contrary to s.161 (1)(a) of the Crimes Act 2013, each of which carries a maximum penalty of 10 years imprisonment pursuant to s.165(e) of the Act. To all charges the accused pleaded guilty at the earliest opportunity.

The offending

2. The accused at the material times was employed as a finance officer by the Samoa International Cricket Association in its finance and administration division. She was mainly responsible with the daily banking of the Association. In 2014, on twelve different occasions from 2 May to 1 July, the accused when making the daily bankings for the Association took part of money for herself and lodged only part of the money with the bank. The amounts taken by the accused ranged from $200 to $1,300. The total amount stolen by the accused was $6,250. An audit inspection that was carried out discovered the accused’s fraudulent actions.

The accused

3. The accused is a 28 years old female from Vaitele-uta and Vaipu’a in Savaii. She is single and is taking care of her two children. She completed Year 13 at school before taking up studies at the Pacific International Unitech in 2006 where she graduated with a certificate in computer software applications and office administration. She was employed at that time in a different company until about mid-2013 when she was employed with the Samoa International Cricket Association.
4. The accused is a first offender. The testimonial from her mother shows that she had been a person of good character. There is no other testimonial in support of the accused’s previous character.
5. The accused has pleaded guilty to the charges against her at the earliest opportunity.

The aggravating and mitigating features

6. The aggravating features relating to this particular offending are the breach of trust involved given the position of finance officer held by the accused, the number of times these various offences were committed, and the total amount of money that was stolen. I do not consider the need for deterrence because of the prevalence of this type of offending as an aggravating feature relating to this particular offending. Deterrence is a sentencing objective rather than an aggravating feature relating to the offending.
7. The mitigating features relating to this offender are her previous good character and early plea of guilty. However, in the circumstances, I will give limited weight to previous character.

Discussion

8. Having regard to the aggravating features of the offending, I will set the starting point for sentence at 2 years. I will deduct 2 months for previous good character. That leaves 22 months. I will then deduct 1/3 for the early guilty plea and that leaves 15 months.

The result

9. Applying the totality principle, the accused is sentenced to 15 months imprisonment on each of the twelve charges. These sentences are to be concurrent.
   

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CHIEF JUSTICE