Police v AB [2002] WSSC 30 (27 August 2002)

Order – Suppressing details of the name and any details leading to the identification of the victim and the defendant.

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

AB
male of X
Defendant

Counsel: Ms F. Vaai-Hoglund & Ms A. Faasau for prosecution
Mr K. Ainuu for the defendant

Sentence: 27 August 2002

SENTENCING REMARKS OF JUSTICE COOPER

AB you now appear for sentence on two charges of rape and two charges of incest You have pleaded guilty to those charges.

In respect of the rape charges, your pleas of guilty came very late. They came during the course of the trial after the victim had given her evidence. So while you are entitled to some credit of your pleas of guilty and acceptance of responsibility of your actions, that credit is minimal because the complainant had to endure the humiliation of giving evidence in such an embarrassing case.

The facts, which you merged at your trial, were than on two occasions, once on the 15th of October last year and on another date of November last year, you raped your daughter who was then 16 years of age.

She was sleeping in her bedroom. She had locked the door. You had been drinking ava. You entered her room through a window. You compelled the victim to have sexual intercourse with you by threatening to kill her. You threatened to kill her if she told anyone.

She became pregnant as a result of the rape and that is when the matter was discovered.

It is difficult to imagine a worse case of breach of a parent’s duty towards a child.

The probation report tells me that you are married, that you have eight children, that the victim was your eldest child.

Before these offences you were employed as a taxi driver. Alcohol was obviously a contributing factor to your offending. You have been fined by the village council and banished from your village. Those are appropriate responses from your village but this court is required to provide a response on behalf of the society as a whole.

The aggravating features of your case are the gross breach of trust involved. As a parent, you have the responsibility to love, support and nurture your children. Instead of that, you betrayed that trust and you used your daughter for your own drunken sexual ends. Further aggravating factors are that there were two separate incidents of offending. And another serious aspect of the case is the effect of your offending on the victim.

She felt shame and disgust as a result of your offences. She had the shame and humiliation of bearing your child. She said in evidence that she felt suicidal as a result of your offending.

I take into account in your favour the fact that you have no criminal convictions. I am required now to impose a sentence, which reflects society’s concern and revulsion at this type of offence.

On each of the two charges of incest, you will be sentenced to four (4) years imprisonment. On each of the two (2) charges of rape, you will be sentenced to eight (8) years imprisonment. These sentences are concurrent.

JUSTICE COOPER