Police v Puka [2009] WSSC 111 (27 November 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

LEAULA EPA PUKA
male of Alamagoto
Defendant

Presiding Judge: Justice Vaai

Counsel: R Titi and L Petaia for the prosecution
M Tuatagaloa for the defendant

Sentence: 27 November 2009

SENTENCE

1. The defendant, aged 62, is the grandfather of the victim. He and his wife brought up and looked after the victim soon after the victim was born in January 2002. The victim’s mother (daughter of the defendant) also lived with the defendant and his wife, but she often left home periodically to socialise with her friends, and showed little interest in the upbringing of her child. The victim is the eldest of her two illegitimate children.

2. Soon after the death of the defendant’s wife, the biological mother left home leaving the victim with the defendant. Next door to the defendant’s house was his sister’s house, where the victim spent most of her time, often after school. She also slept there at times.

3. He was employed as a carpenter and he apparently has a drinking problem.

The Offending

4. The offending took place at night inside the bedroom where the defendant and the victim slept. He was under the influence of alcohol. Indecent assault of fondling and kissing her vagina preceded the rape. Medical report indicated that the hymen was torn with rugged edges and she was tender at the vulva.

5. Concerns by the younger brother of the defendant over the defendant’s drinking habits drove him to telephone the biological mother to take the victim away while the defendant was absent from the house and subsequently led to the discovery of the offending. Police were immediately informed and investigations which then commenced led to the defendant being charged with rape and indecent assault.

The Victim

6. She was seven years at the time of the offending. She was obliged to testify through the defendant’s denial of the charges. It was a difficult emotional strain for her to relive the incident. The physical, emotional, and psychological infection of the damage has been truly imbedded.

Aggravating Factors

7. The physical and emotional harm on the 7 year old grand-daughter by her 62 year old grandfather has been inflicted with no apparent remorse from the grandfather. Lack of remorse itself is not an aggravating factor. It simply means the defendant will be not entitled to a reduction in sentence.

8. He has obviously taken advantage of the trust placed in him by his grand-daughter to satisfy his sexual lust. The pain and the confusion created by the gross breach of trust may take considerable time to erase if it can be erased at all.

9. She obviously suffered pain. The medical report and medical evidence said so. It did not deter the defendant from pursuing his evil intent.

Mitigating Factors

10. None to mitigate sentence.

Discussions

11. Prevalence of this kind of offending which indicates the apparent propensity by men, to continue to sexually abuse young girls despite public outcry and communal pleas to protect the young the voiceless and the vulnerable must be met with severe deterrent measures.

12. And when a 62 year old grandfather, indecently assault and rape his 7 year old granddaughter whom he has cared for and brought up as his own for 7 years, retribution and deterrent measures should be given full vent. Age of the defendant will not hinder the sentencing process.

13. Extent of the physical and emotional injuries inflicted cannot be determined. What can be said with certainty is that she has suffered and will continue to do so; she has been denied the right to live a normal life; the trust she instilled in the defendant as a father protector and provider for 7 years has been shattered.

14. To relive the events by giving evidence in a room full of strangers created confusion and re-ignited the pain. Again it was caused by the defendant through his not guilty plea. His blank denials and explanations did not impress the assessors.

15. Lengthy custodial sentence is appropriate to punish and to deter. Condemnation of sexual abuses on young girls, particularly by fathers, step fathers and grandfather warrants very severe sentences.

16. Sentences imposed in the past are taken into account to avoid unjustified disparities.

Sentence

After taking into consideration the circumstances surrounding the offending as well as the aggravating features of the offending the defendant is sentenced to 11 years imprisonment on the charge of rape. On the charge of indecent assault he is sentenced to 18 months imprisonment to be served concurrently with the rape charge.

JUSTICE VAAI