Police v Silipa [2006] WSSC 7 (10 February 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

SILOA SILIPA
male of Savaia Lefaga and Aleisa.
Accused

Counsel: P Chang for prosecution
Accused in person

Sentence: 10 February 2006

SENTENCE

The charge

The accused is charged under s.53 (2) (a) of the Crimes Ordinance 1961 with the offence of indecently assaulting a girl between the age of 12 and 16 years which carries a maximum penalty of seven years imprisonment. To the charge he entered a plea of guilty.

The offending

As it appears from the summary of facts prepared by the prosecution, the facts of this case are quite brief. The accused was at the material time the teacher of the victim at the Aleisa primary school. On Friday, 25 September 2004, at about 7am in the morning, the accused arrived at the classroom of the Year 8 students whom he taught at the Aleisa primary school. The victim was the first of his students to arrive at the classroom that morning. She went and sat at her desk. The victim and the accused were the only people inside the classroom at that time. The accused then went over to the victim, slipped his hand under her shirt, and toughed her breast. The victim later reported to her aunty what the accused had done to her and a complaint was lodged with the police.

When this matter was first called for mention, the accused pleaded guilty to the charge. It was then adjourned for a probation report and sentencing. However, on the date of sentencing, the accused applied to change his plea of guilty to the charge to one of not guilty. That was granted and the accused’s plea of guilty was vacated and substituted with a plea of not guilty. This matter was then adjourned for hearing. However, on the date of hearing the accused wanted to change his plea again, this time from that of not guilty to one of guilty. Again that was granted.

The accused

The accused is 47 year old male but was 45 years at the time of this offence. He is from the village of Savaia, Lefaga, and is a schoolteacher by profession. He had a de facto wife but has separated from her.

The accused is also a first offender.

The victim

The victim was 13 years old at the time of this offence but she is now 15 years. She was a student of the accused at the material time.

Aggravating circumstances

The young age of the victim, the age difference of 32 years between the victim and the accused, and the fact that the accused stood in a position of trust to the victim are aggravating circumstances in this case.

Mitigating circumstances

The accused’s plea of guilty, the fact that he is a first offender, the fact that indecent assault was of short duration, and the fact that the seriousness of this case is at the lower the end of the scale for offences of indecent assault are all mitigating circumstances.

The decision

Having given careful consideration to the aggravating and mitigating circumstances in this case as well as the maximum penalty of seven years imprisonment provided for the present offence, I have decided to impose a custodial sentence. Apart from the aggravating circumstances, there are three considerations which have titled the scale in favour of a custodial sentence as opposed to a non-custodial sentence. The first is that children, especially female children, who go to school are entitled to believe and expect that schools are a safe place for them free from sexual misbehaviour by those they are expected to trust. Secondly, parents who send their children to school are also entitled to believe and expect that schools are a safe place for their children free from any sexual misbehaviour towards them by a schoolteacher. And thirdly, children, especially young children, when they go to school are out of the care and supervision of their parents so that they are in a particularly vulnerable position. Thus in spite of the mitigating circumstances, I have come to the view that a custodial sentence which will still take into account the mitigating circumstances should be imposed.

The accused is convicted and sentenced to four months imprisonment.

CHIEF JUSTICE