Police v Tariu Timu [2006] WSSC 15 (4 April 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

EUTA TARIU TIMU
male of Saanapu-tai.
Accused

Counsel: K Koria and A Lesa for prosecution
Accused in person

Sentence: 4 April 2006

SENTENCE

The charges

The accused is charged with three counts, namely, (a) attempted rape under s.48 of the Crimes Ordinance 1961 which carries a maximum penalty of 10 years imprisonment, (b) kidnapping under s.83 (1) (a) and (2) of the Ordinance which also carries a maximum penalty of 10 years imprisonment, and (c) indecent assault of a girl under the age of 12 years under s.52(1) of the Ordinance which carries a maximum penalty of 7 years imprisonment. To all three charges the accused pleaded guilty at the earliest opportunity.

The offending

On Saturday night, 25 February 2006, the accused and three of his friends drank a bottle of vodka between 8pm and 10pm on the beach at their village of Saanapu. They then proceeded to a dance that was held at their village. At around mid-night, the accused left the dance and walked along the road. When he came by the women’s committee house he noticed that the light was on. He then went to the house and saw the victim asleep on the floor between her mother and another woman. He walked into the house, picked up the victim, and carried her away towards an empty Samoan fale by the beach which is far away from the women’s committee house. When the accused arrived at the Samoan fale with the victim, the victim had awoken. The accused then took the shirt he was wearing and tied it around her mouth to stop her from screaming while he used another shirt he was holding to tie her hands in front of her.

The accused then kissed the victim, removed her shorts and panties and began poking her vagina with his finger. The victim cried because of the pain this was causing her. The accused then tried to have sexual intercourse with her by attempting to insert his penis into her vagina. At that time the accused saw flashlights in the darkness some distance away as people in the village had began searching for the victim. He then removed the shirts which he had tied around the victim’s mouth and hands, took her back to a tree near the women’s committee house and ran away.

On 1 March 2006 the accused was arrested by the police and brought to the Apia CIB where he was interviewed by the police and he readily admitted to the facts as above stated.

The victim

The victim is 8 years old, attends primary school, and is from the same village of Saanapu as the accused.

From the pre-sentence report prepared by the probation service, the victim told the probation service when they interviewed her that she was so scared with what happened to her and she still recalls the traumatic experience when the accused tied her mouth and hands. Because of what happened, the family of the victim now accompany her to school and pick her up after school. This was not so before this incident occurred.

The accused

The accused is a 37 year old male from the village of Saanapu. He has a limited educational background having left primary school at Year 8. His mother died when he was of a very young age. His father then returned to his own village and the accused grew up under the care of his maternal uncle at Saanapu.

At the time of the present offences the accused was working as a dancer and a member of the band which plays at the Virgin Cove Resort at Saanapu.

There has been no reconciliation between the accused and the family of the victim. It must be difficult to promote a reconciliation given the nature of what happened.

The accused is a first offender.

Mitigating circumstances

The accused’s plea of guilty to the charges at the earliest opportunity and the fact that he is a first offender are mitigating circumstances in the case.

Aggravating circumstances

The age of the victim and the nature of the force that was used by the accused are aggravating circumstances in this case. So is the fact that since this incident the victim has to be accompanied to school by her family and then picked up by her family after school.

The decision

Having regard to the gravity of the offending and the aggravating circumstances, and making allowance for the mitigating circumstances including the guilty plea, sentences of imprisonment should be imposed in this case. On the charge of attempted rape the accused is convicted and sentenced to 3 years imprisonment; on the charge of kidnapping the accused is convicted and sentenced to 2 years imprisonment; and on the charge of indecent assault the accused is convicted and sentenced to 2½ years imprisonment. All these sentences are to be concurrent which means the accused will serve 3 years imprisonment. The sentences are to commence from 13 March 2006 when the accused was first remanded in custody.

Solicitors
Attorney General
Accused in person

CHIEF JUSTICE