The Court of Appeal has overturned a discharge without conviction sentence imposed by the Supreme Court on a 30-year-old man charged with theft.

The panel of judges in the Appellant Court subsequently quashed the discharge without conviction sentence, convicted the defendant and imposed an 18-month supervision and community work sentence.  

Petaia Toala of Siufaga, Faga Savaii and Alafua pleaded guilty to theft as a servant for stealing multimedia equipment comprising of an iMac desktop computer and Mini PA system. 

Chief Justice Satiu Simativa Perese handed down the sentence in March this year and exercised his discretion under the Sentencing Act 2016 in the defendant’s favour.

The Chief Justice concluded he was satisfied that the direct and indirect consequences of a conviction on Mr Toala would be out of all proportion to the gravity of the offence.

The Attorney General’s Office lawyer appealed the sentence on several grounds.

One of the grounds advanced was that the Chief Justice erred in the application of the test for discharge without conviction, by finding that the direct and indirect consequences of the conviction would be out of all proportion to the gravity of the offence. 

The defence lawyer Ann Matalasi argued that the discharge without conviction was the appropriate sentence.  

After considering the arguments from both parties the Court of Appeal concludes that the five grounds of appeal were established. 

“The effects of conviction will not be out of all proportion to the gravity of the offence. The sentence was manifestly inadequate and must be quashed,” the Court ruled.

The appeal is allowed. The sentence of discharge without conviction is quashed. Mr Toala is convicted and sentenced to 18 months of supervision and 50 hours of community work.” 

Justice Harrison, Justice Asher and Justice Young presided over the appeal.