Police v Iosefa [2000] WSSC 39 (18 December 2000)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

KAMUTA IOSEFA,
male of Laulii and Vaitele-Uta
Defendant

Counsel: Ms T.P. Vaai & Ms H. Wallwork for the Prosecution
Mr T.K. Enari for the Defendant

Date of Hearing: 20 November 2000
Date of Sentencing: 18 December 2000

SENTENCING REMARKS OF JUSTICE LESATELE VAAI

Kamuta Iosefa, you are a 19 year old unmarried man.

You have pleaded guilty and now stand convicted of the crime known as ‘assault with intent to commit rape’.

On 4 June 1999 at Vaitele-uta you had in mind having sexual intercourse with the young woman who became your victim. Whether you were driven by sexual desire or whether you were responding in some way to a challenge that had been made to you, you were acting selfishly and in total disregard of the feelings of your victim.

As she was walking to work in the very early hours of the morning of the day in question you approached her and let her know what you had in mind. When she showed no inclination to go with you to do what you had in mind, viz. having sexual intercourse with him, you put a bush knife to her neck and, by that means, expected to frighten her into submitting to you. She was terrified. Due to some fast thinking on her part and the public-spirited attitude of a passing bus driver, she was able to escape from you (having wrested the bush-knife from you) and leave the area by bus and go to your work area. Naturally, she was shaken by the experience you had subjected her to and her follow-workers noticed that she was upset.

You are a first offender. You are entitled to some leniency and mercy because you are to be treated as a man of previous good character.

I have read the pre-sentence report prepared by the Probation Service as well as the psychiatric report.

It goes to your credit that you did take steps to apologise to the victim.

I have also listened to the submissions of your counsel.

The serious aspect of your criminal conduct is that you saw fit to use a weapon in the commission of your crime. You threatened her with that weapon and, as a result, you added to the trauma for your victim.

Because of that aggravating factor (the threatening with that weapon) you disentitled yourself to a non-custodial sentence. What you did was very serious.

It gives me no pleasure to see a young man like you having to serve a prison sentence - but my public duty requires me to order imprisonment in this case.

The sentence of the Court is that you be imprisoned for 2 years.

JUSTICE VAAI