Faititili Taifau Otineru has been sentenced to three months imprisonment and a 6 months’ supervision with conditions to be imposed by Probation Services.
This is in relation to a theft as a servant case, to the tune of close to $10,000 tala. Recent sentencing in the case of Otineru of Salelavalu, Savaii was handed down by Justice Niava Mata Keli Tuatagaloa.
According to her Honours the total amount stolen by the defendant is $9,788.
Both Counsels refer to sentencings of the Court on theft as a servant offense of similar amounts. They both agree that the Court has imposed non-custodial sentences depending on the particular circumstances of each case. The Court’s attitude has always been a custodial sentence unless there are exceptional circumstances that would warrant a non-custodial sentence.
The Court considers the circumstances of each case and sentence accordingly. The sum involved is not the only factor but is a useful guide, the length or period of time in the commission of the offending, the position or level of trust given to the defendant in the course of her/his employment are some of the factors to be taken into account by the Court.
In the present case, the defendant was a counter officer and she was responsible for sale and receiving monies. She was also entrusted with handling Western Union monies.
The level of trust placed upon her was quite high. Justice Tutagaloa agrees with Prosecutions submissions that the offending involved a high level of premeditation and significant breach of trust. The amount of money stolen within the span of two months is quite substantial.
Her honours found no exceptional circumstances to warrant a departure from the Court’s usual stance with offending of this type. The defendant is convicted and sentenced to 3 months’ imprisonment to be followed by 6 months’ supervision with conditions to be imposed by Probation Services. Justice Tuatagaloa noted the offending of theft as a servant continues to be prevalent despite the Court imposing custodial sentences.
The reason for custodial sentences is to mark publicly the gravity of the offence and for deterrence. A custodial sentence is not the only means of deterrent.
