Police v Uta [2008] WSSC 40 (9 June 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

SILI ILI UTA
male of Nofoalii
Defendant

Presiding Judge: Justice Vaai

Counsel: Ms Titi for prosecution
Mr Roma for defendant

Sentencing Date: 9 June 2008

SENTENCE BY JUSTICE VAAI

Defendant appears for sentence on two charges of indecent assault to which he is liable to 7 years imprisonment on each charge. The defendant was 59 years of age and the victim 13 years of age at the time these offences were committed in 2006. The victim was attending primary school and she is the niece of the defendant. At the time of these offences she was living with the defendant. The victim has in fact been living with the defendant since 2003 so that she looked up to the defendant as a father figure. The summary of facts confirmed by the defendant through counsel indicates that the offending by the defendant in this case is on the lower scale. That it is not a serious as most of the other offences of this nature which is normally dealt with by this court. But nonetheless the trust that was impeded in you by this victim has been breached. I have read the probation report prepared on your behalf and I have also listened to the submission by your counsel. I accept that you are remorseful and this offence is out of character.

You are now 69 years of age appearing for the first time in a court law. But nonetheless as your counsel has undoubtedly told you and has told the court this is a type of offence for which a term of imprisonment must always be considered. That is because it is the duty of this court to protect young girls of our society, and this type of offending continues to be on the rise, and accordingly the sentences imposed by this court have also increased. The purpose is to deter people like yourself and other like-minded people from interfering with young girls of society. Sexual offending and sexual violations of young girls is a serious offence and it is even more serious when old men like yourself who is related to the victim commit this type of offence.

Given the nature of your offending and the circumstances surrounding I consider eighteen months as a starting point for sentence. I deduct six months for your previous good record. For your guilty plea I deduct three months. You serve nine months imprisonment for each offence which will be served concurrently.

JUSTICE VAAI