Police v Iona [2007] WSSC 57 (25 July 2007)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

MOLISA IONA
male of Vailoa Faleata
Accused

Counsel: L M Su’a for prosecution
Accused in person

Sentence: 25 July 2007

SENTENCE

The charges

The accused appears for sentence on two charges, one of attempted rape which carries a maximum penalty of ten years imprisonment and one of burglary which caries a maximum penalty of five years imprisonment. To both charges the accused has pleaded guilty at the earliest opportunity.

The offending

As it appears from the summary of facts, the accused is a 20 year old male from the village of Vailoa, Faleta. He is employed by a bus company as an assistant driver. The victim is a single 23 year old female from the same village.

On Monday night, 23 April 2007, around 7:30pm, the accused joined a party at his uncle’s place at Vailoa. He became intoxicated. Around 12:30am, he became sexually aroused and made his way to the victim’s house. He tore the window screen wire and entered the victim’s house. He went into the victim’s bedroom where the victim was sleeping, got on top of the victim, and twisted her head upwards in an effort to prevent her from seeing his face. When the victim awoke, the accused pinned her down with his body as he kissed her neck. The victim tried to scream but the accused repeatedly punched the back of her neck causing her vision to blur. The victim cried and attempted to call her sister’s name and shove off the accused. The accused overpowered her efforts as he proceeded further to punch her shoulders while attempting to pull her shorts down. The victim was finally able to scream out her sister’s name rousing her from her sleep. As the victim’s sister approached, the accused got off the victim and fled.

The accused

As shown from the pre-sentence report, the accused had an average educational background. His family is of low income standing. At present, the accused is taking care of his young handicapped brother and sick mother who has had both legs amputated. The accused told the probation service that he was too intoxicated on the night he committed the offences for which he is now appearing for sentence and could not remember most of the things he did that night. He also expressed great remorse for his actions to the probation service.

After this incident, the accused went and apologised to the victim’s family and this matter has been reconciled. The accused’s mother also described her son to the probation service as a trustworthy and most reliable person in the family.

The accused is a first offender.

The victim

The victim impact report shows that as a consequence of the accused’s actions; (a) the victim stayed home for about a month and became anti-social, (b) the victim has become scared to return home after a night out because of her fear that she might encounter the accused on the road as their houses are near to each other, (c) the victim now sleeps in a different room as she can no longer sleep in the room she was attacked by the accused, and (d) the victim and her family have not been able to sleep well at night for fear of another attack.

Aggravating features

The aggravating features in this case are: (a) the use of violence which is often involved in this type of offence, (b) the impact of the offending on the victim, and (c) this offence was committed in the victim’s bedroom in her own home.

Mitigating features

The mitigating features in this case are: (a) the accused’s plea of guilty at the earliest opportunity, (b) the fact that the accused is a first offender, (c) the accused’s personal circumstances as set out in the pre-sentence report, and (d) the apology by the accused to the family of the victim. Some consideration should also be given to the fact that the accused is a young offender.

The decision

The sentence to be imposed in a criminal case depends primarily on the facts of the case. There has also been no set tariff for sentences to be imposed in cases of attempted rape. The prosecution has asked for a sentence of 7 years imprisonment.

Having regard to the seriousness of the crime of attempted rape, the aggravating features in this case, and the need for deterrence in this type of case, the starting point for sentence in this case should be 7 years imprisonment. I will deduct 1/3 discount for the accused’s plea of guilty at the earliest opportunity. That leaves 4 years and 8 months. I will deduct another 7 months for the other mitigating features and the end result is 4 years and one month. The accused is sentenced to 4 years and one month imprisonment.

On the charge of burglary, the accused is sentenced to 6 months imprisonment. As the two offences of attempted rape and burglary were parts of the same incident and occurred contemporaneously, the two sentences are to be concurrent. That means the accused will serve a total sentence of 4 years and one month imprisonment. The period during which the accused has been remanded in custody pending sentence is to be deducted from that sentence.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for prosecution