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Crimes
2013, No. 10
(e) if the property stolen is property stolen by a clerk or
servant which is owned by his or her employer or is
in the possession of his or her employer, to
imprisonment for a term not exceeding 10 years; or
(f) if the property stolen is property in the possession of the
offender as a clerk or servant, or as an officer or
employee of the Government of Samoa or of any
local authority or public body, or as a constable, to
imprisonment for a term not exceeding 10 years.
166. Ineffectual defences to charge of theft - Without in
any way limiting the generality of the foregoing definition of
theft, a person is deemed guilty of theft despite the fact:
(a) that at the time of the theft he or she was in lawful
possession of the property stolen; or
(b) that he or she had himself or herself a lawful interest
in the property stolen, whether as a partner, coowner, bailee, bailor, mortgagee, mortgagor, or
otherwise; or
(c) that he or she was a trustee of the property stolen; or
(d) that the property stolen was vested in him or her as an
executor or administrator.
167. Receiving-(1) A person commits the offence of
receiving who receives any property stolen or obtained by any
other crime, knowing that property to have been stolen or so
obtained, or being reckless as to whether or not the property had
been stolen or so obtained.
(2) For the purposes of this section, property that was
obtained by any act committed outside Samoa that, if it had been
committed in Samoa, would have constituted a crime is, subject
to subsection (5), to be regarded as having been obtained by a
crime.
(3) The act of receiving any property stolen or obtained
by any other crime is complete as soon as the offender has,
either exclusively or jointly with the thief or any other person,