Police v Amoa [1993] CKHC 9; CR805.93 (14 May 1993)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)

CR NO: 805/93

BETWEEN

THE POLICE

v

AMOA AMOA
Defendant

Date: 14 May 1993

Mr. Mitchell for the Police
Mr. George for the Defendant

JUDGMENT OF QUILLIAM J

Amoa Amoa, you are for sentence on one charge only and I must and do put side any views I may have had as to the other charges. What I am left with is the undoubted fact that you took advantage of a 15 year old girl who was living in your home and whom it was your responsibility to care for and to protect. She had been living in your home since she was 14 and so she was in much the same situation as your own children. Indeed it is clear that she believed you were her father. It is also clear that you had intercourse with this girl on many occasions during the period covered by the charge, and of course, you got her pregnant.

I have listened carefully to what your counsel has said on your behalf and he has said all that could possibly be said for you. It is impossible to know what permanent harm you have done to this girl.

While I accept that you have a good record in the community and have been generous in your charity, these matters can have only a very limited effect in mitigation of an offence such as this.

You and others who have similar propensities must understand that you are to leave young under-age girls alone, For the reasons stated above I am sentencing you to two and a half (2 ½ ) years imprisonment.