Police v Isopo [2006] WSSC 24 (8 May 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

LAPUNA PALETA’AU ISOPO
male of Vaotupua Falealupo.
Accused

Counsel: M Boone-Dumaran for prosecution
Accused in person

Sentence: 8 May 2006

SENTENCE

The charge

The accused is charged under s.53(2)(a) of the Crimes Ordinance 1961 with having indecently assaulted a girl between the age of 12 years and 16 years. The charge carries the maximum penalty of seven years imprisonment and the accused has pleaded guilty at the first available opportunity.

The offending

On Friday night, 24 March 2006, the victim, who is 13 years old, was sleeping with her siblings inside a mosquito net at their open Samoan fale at the village of Falealupo in Savaii. The accused, a 32 year old male of Falealupo, was drinking alcohol with friends the same night.

Later during the night, the accused crept into the Samoan fale where the victim was sleeping, entered the mosquito net and fondled with the victim’s breasts. The accused then started to suck the victim’s breasts which made her woke up and call for her mother. The accused then ran away but the victim’s mother was able to see the lavalava he was wearing.

Mitigating circumstances

In mitigation I take into account the accused’s guilty plea at the first available opportunity, the fact that he is a first offender, and his expression of remorsefulness to the Court. It also appears from the pre-sentence report prepared by the probation service that the accused had been a person of good character prior to the commission of this offence. Even though alcohol may have affected the accused, self-induced intoxication is not an excuse for the present offence.

Aggravating circumstances

The young age of the victim, the age difference of 19 years between the victim and the accused, the time in which the offence was committed, and the fact that the offence involved trespass inside the house of the victim’s family are all aggravating circumstances. The accused’s conduct really amounts to the offence of 'moetolo' in Samoan custom.

The decision

Having regard to the mitigating and aggravating circumstances and the need for deterrence in this type of case, the accused is convicted and sentenced to 16 months imprisonment. The time during which the accused has been kept in custody awaiting sentence is to be subtracted.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for the prosecution