Police v Gasetoto [2008] WSSC 22 (6 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

PETAIA TALAILIMA GASETOTO male
of Patamea and Matautu-uta
Accused in Person

Presiding Judge: Justice Vaai

Counsel: Ms Sua for prosecution
Accused in Person

Sentencing Date: 06 May 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on charges of attempted rape and indecent assault. It not need to be said again that the crime of rape and attempted rape are very serious offences for which a custodial sentence must always be considered. You are 20 years of age and the victim 21 years of age. On the day of the incident the victim travelled from her village by bus intending to go to the village of Patamea. As the bus does not go to the village of Patamea she got off the bus at the intersection of Patamea and Samalaeulu road. You were at that intersection and the victim intended to walk from the intersection to Patamea. You wasted no time to make your approaches to her; you took advantage of the fact that she was a stranger to the village and she was alone; and that there is a bush area from that intersection towards Patamea. Despite her protests you continued to approach her and in fact did assault her. You persisted in using force despite her struggle and her plea for help. You continued to employ violence to try to achieve what you wanted to do to her. It is very obvious from the summary of facts that rape would have resulted if the village people of Patamea did not intervene. It has been said time and time again that the sentence to be imposed in this type of offences is to protect our young girls and to convey denunciation of such act. I have read the probation report prepared on your behalf and this is what the probation service said.

"The accused is aware that imprisonment is inevitably given the seriousness of his offending. However if the court wishes to consider an alternative to imprisonment a community based sentence is recommended."

Despite your age and despite the fact that you are a first offender and despite what your village have done to you I am not prepared to consider any alternative to imprisonment. This is one of the serious cases of attempted rape to come before this court. I consider a starting point of 5 years. As a first offender I deduct 6 months imprisonment and your age I deduct 3 months imprisonment. And for the penalty that has been imposed by the village I deduct another 3 months imprisonment. You served 4 years imprisonment.

JUSTICE VAAI