Expectant mother jailed for embezzlement of $47,521 from employer [1]
Friday, January 19, 2024 - 17:21
Tupou Seluini Tahilanu (28) was sentenced to 18-months imprisonment with some part suspended for embezzlement of $47,521 from her employer, Tonga Power Ltd. in 2022.
Justice Cooper sentenced her on 18 January at the Supreme Court in Nuku’alofa.
On 15 September 2023, Mrs Tahilanu appeared for her arraignment and pleaded guilty to the single count she faced, one of embezzlement.
The judge stated that between February and April 2022 she stole $47,521.68 that was intended for Tonga Power Limited. She was employed by them to collect and bank payments from a number of supermarkets in Tonga.
On two occasions in early 2022, she dishonestly took some of the money from two payments made by two supermarkets.
A pre-sentence report said the defendant was married with a two-year-old son and was expecting their second child. The report stressed her feelings of remorse and shame and how she had been shunned in her community for what she did.
References from her town officer and the Minister of her church, stressed how they know her to be honest and dedicated. Her work with her church youth group wais highlighted as one of the ways she dedicated her time and energy for the good of those around her.
She is of good character and told probation officers that the money she stole went to paying for her mother's medical care and for paying for her son's birthday. Probation recommend a fully suspended sentence.
The judge stated that in this case there appeared to have been the unusual situation where Tonga Power's insurers paid them $45,021.68, according to Finau Moa the Acting CEO, who the probation officer spoke to.
He confirmed Miss Tahilanu also had repaid $32,000. In other words, Tonga Power had all the loss made up to them.
"I have not received any details as to how the theft may effect their insurance premiums. I have seen no evidence of what the money was used for. I have not approached the sentence on the basis that she lived a luxurious life style with the proceeds. Whilst it is right that some discount is given for the repayments, this must be balanced against the harm caused to businesses by thefts by employees. It is a serious aggravating feature such a breach of trust.
“Against that I take into account her remorse, previous good character, that she is a mother of a young child and pregnant. I also take into account her guilty plea. I note that there were two instances of theft. On the material before me it is not clear how these thefts were committed and I make no assumptions as to whether they were sophisticated or not or what degree of planning took place."
For offences contrary to section 158 Criminal Offences Act the maximum sentence is one of seven-years’ imprisonment.
Sentence
The judge then set a starting point of three-years.
"This is to reflect both the amount stolen and that it was theft by an employee and so a breach of trust. For her timely guilty plea, a discount of 30%. That reduces her sentence to two-years. I then reduce that by a further 6 months to reflect the repayments made. That is a significant reduction and it is to reflect the significant repayments she made.
“Because of the substantial harm caused to businesses by this type of offending and because of its prevalence, sentences for offences of this type must serve both as punishment and deterrence.
“The portion of her sentence must be suspended to reflect the principles in Mo'unga v Rex [1998) Tonga LR 154. She is young, remorseful and shows every sign she wishes to rehabilitate and must be given that chance.
“The least possible sentence that can be passed in this case is one of 18 months' imprisonment, the final 6 months suspended for two-years on the following conditions: she attends probation within 48 hours of her release; she be put on probation; and she does not commit any offence punishable by imprisonment."
Prison
Justice Cooper then sentenced the defendant to 18-months' imprisonment with the final six-months suspended for two-years on conditions.
“Because Miss Tahilanu is pregnant, I make an order under section 16(1) Prisons Act that she must not carry out any form of hard labour. Within 48 hours of her admission to prison she is to be taken to Vaini Hospital to be assessed by in the ante natal clinic.
“In addition, the Governor of HM Prison at Hu'atolitoli, within seven-days thereafter, is to be provided with a medical assessment as to how she is to be best cared for and a full series of follow up appointments arranged."