Home | Databases | WorldLII | Search | Feedback Supreme Court of Samoa

Police v Asera [2007] WSSC 29 (30 April 2007)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

LIPENA ASERA
female of Vaitele-fou and Neiafu Savaii.
Accused

Counsel: A Lesā for prosecution
H J Schuster for accused

Sentence: 30 April 2007

Sapolu, CJ

SENTENCE

The accused is charged with two counts of theft as a servant each of which carries the maximum penalty of 7 years imprisonment. She pleaded guilty to both counts at the earliest opportunity.

The accused who is a single female from Vaitele and Neiafu, Savaii. She was employed as a loans officer at the Loans Section of the Samoa Commercial Bank in Apia. On Friday, 16 February 2007, the accused used the input system of another employee of the Samoa Commercial Bank to transfer the sum of $200 from the personal account in the Bank of one of her aunties to the personal account of her father. She then forged the signature of her father and withdrew the said amount and took if for her personal use. On Friday, 23 February 2007, the accused used the input system of a different employee of the Bank to transfer the sum of $1,250 from the personal account in the Bank of an uncle of hers to the personal account of her father. She then forged her father’s signature, withdrew the said amount for her personal use.

It appears from the pre-sentence report that the amount of $200 which the accused took from her employer was spent by the accused on having a night out in town with two of her friends. The amount of $1,250 was taken by the accused to repay the money she had borrowed from a relative. Counsel for the accused told the Court that the accused has paid back $200 to her former employer.

Apart from the amount that the accused has repaid, counsel for the accused in his plea in mitigation referred to the accused’s guilty plea at the earliest opportunity and the fact that she is a first offender no mitigating circumstances. He also submitted that the accused had been a hardworking student at school having attended primary school at Neiafu and then later was able to secure a place at Samoa College.

On the other hand, the degree of criminality involved in this case was relatively high notwithstanding that the total amount taken by the accused was $1,450. There was theft as well as forgery. There is also the need for deterrence in this type of case.

Having regard to all the circumstances, the accused is convicted and sentenced to 7 months imprisonment on each count of theft as servant. Both sentences to be concurrent.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for prosecution
Fepulea’i & Schuster Law Office for accused