Police v Lui [2008] WSSC 105 (15 December 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

SIA’INA LUI aka FEMITIAI LUI
male of Siufaga Faga.
Accused in person

Counsel: Ms Faumuina-Tuuga and Ms Su’a for the prosecution
Accused in person

Sentencing Date: 15 December 2008

SENTENCE BY JUSTICE VAAI

The defendant is a male of 22 years old, single and a male of Siufaga Savaii. He finished schooling at Year 11 and he is presently contracted to mow lawns earning $140 tala per week.

The victim is a young girl aged 14 years. The defendant appears for sentence on three charges of unlawful sexual intercourses between March and September 2008 at Faga Savaii. Before the offending the defendant saw the victim several times walking passed his home. He was attracted to her.

On the night of the first intercourse the defendant sent a friend to ask the victim to come over to where the defendant was waiting. She did not hesitate to go over which also suggest that she was also attracted to the defendant. They had intercourse. The victim was a willing participant. The second and third intercourses followed. Offending was brought to the notice of the police when the defendant intimidated the mother of the victim following the defendant’s displeasure with the mother who chased the defendant away from her house where the defendant and the victim were seen by the mother talking. The accused was then charged; he pleaded guilty at the first opportunity.

The mitigating factors in this matter are previous good record, early guilty plea, remorsefulness and other matters mentioned in the probation report. The aggravating factors are the gravity and the prevalence of the offence. The prevalence of the offence of sexual violation of young girls requires the court to send out a strong message that a deterrent sentence of a custodial nature is a must unless there are exceptional circumstances. The young age of the offender, his previous good character and his early guilty plea are not exceptional circumstances although they go to reducing his sentencing.

In the circumstances a custodial sentence is warranted. 18 months is the appropriate starting point, I deduct 6 months for the early guilty plea and a further 6 months for the previous good conduct at young age. The defendant will serve 6 months imprisonment.

JUSTICE VAAI