Police v Luka [2008] WSSC 28 (21 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

LAKENA MALAE LUKA male
of Tafitoala
Defendant

Presiding Judge: Justice Vaai

Counsel: Ms Titi for prosecution
Ms Atoa for defendant

Sentencing Date: 21 May 2008

SENTENCE BY JUSTICE VAAI

This is another case of sexual abuse on young girls. I must say at the outset that alcohol is not excuse whatsoever for this type of offence. The victim in this case was only 10 years of age at the time of the offence and you were 28 years of age. The prevalence of sexual offending and the need to protect young girls call for deterrent sentence to deter the offender from re-offending and others from offending. Retribution is also a relevant consideration to punish the offender and to convey intolerance by society of sexual abuses on young girls.

The sentencing memorandum filed by the prosecution has referred to some of the sentences imposed by this Court in the past. It must be emphasized however that sentences for sexual abuses have continued to increase in an effort by the court to curb the rising prevalence of these offences. Although the offending in this case is considered to be on the lower end of the scale for offences of this nature, a custodial sentence is nonetheless the suitable sentence.

The aggravating factors of this offence is the age of the young girl she was only ten, secondly it was premeditated, although you were under the influence of alcohol you were fully aware of the seriousness of the offence that you committed. In your favour I take into account your early guilty plea and your previous good record as well as the punishment that was conferred on you by the village. I consider 2 years and 6 months as a starting point. I take 6 months deduction for your guilty plea and a further 6 months for the banishment and the banishment confer by the village. I accept that you are truly remorseful and I deduct a further 3 months. You will serve 1 year and 3 months imprisonment to commence from the 28th April 2008 when you were remanded in custody.

JUSTICE VAAI