Police v Timai [1999] WSSC 33 (8 June 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

SIAOSI TIMAI
of Lotoso'a, Saleimoa
Defendant

Counsel: Mr M. Leung Wai (and Ms Wong) for the Informant
Mr S. Reid for the Defendant

Hearing Date: 5 May 1999
Sentencing Date: 8 June 1999

SENTENCING REMARKS OF WILSON J.

Siaosi Timai of Lotoso'a Saleimoa, you are 42 years of age and are a married man. You have been found guilty by my verdict of the crime of indecent assault. On 22 July 1998 you indecently assaulted a young married woman. I have set out the circumstances in my reasons for decision.

You forced yourself on a woman who was not consenting to your sexual advances. You were recklessly indifferent (and adopted a couldn't care less attitude) as to whether she was consenting or not.

An aggravating circumstance (a serious aspect) of your behaviour was that you struck her across the mouth with the back of your hand. You caused her an injury.

As I said in my reasons for decision you, in adopting an arrogant, domineering and chauvinistic attitude, forced yourself upon the young woman. As you suggested in examination in chief, the way you dealt with this woman was, when you had the opportunity, you did not hesitate and you utilised (or took advantage of) the opportunity. The woman must have been very frightened and upset.

I cannot give you credit to the extent of about 25% off your sentence on account of a plea of guilty and for any remorse shown by you. I accept that you are sorry for yourself, but I do not think that you are truly sorry for this woman.

I have read the two Pre sentence reports and the references. I have heard your lawyer's submissions. You are a married man with 3 children. You are the sole supporter of your father, your wife and your children. You are a committee member of a Village Council. You hold a matai title.

I take into account the fact that a traditional apology was given and accepted. However, this is not a case where that fact should mean no punishment.

You have a previous conviction which was a long time ago. I can therefore treat you very much as if you are a first offender.

This is a case calling for a deterrent sentence. Women need protection from men like yourself who are minded to force themselves upon them.

The sentence of the court is that you be imprisoned for 1 year and 3 months.

JUSTICE WILSON