Police v Tele'a [2009] WSSC 18 (20 February 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

FAATAUALOFA FAALEAOGA TELE’A male of Vaitele-fou and Laulii
Accused in person

Counsel: Ms Faumuina-Tuuga for the prosecution
Accused in person

Sentencing Date: 20 February 2009

SENTENCE OF VAAI J

The defendant is 57 years of age. He is currently single. He told the probation service that he was deserted by his de facto wife and daughter in the year 2000 when he indecently assaulted a relative of that wife. He was imprisoned for that offence in 2001 and he was released on parole in 2002. The defendant told the court that since that incident he got married and that married wife has left because of this offending.

The victim in this case is a 5 year old girl a grand-niece of the defendant. She lived next door to the defendant at Vaitele-uta.

The defendant at the time of the offending was employed by the family of the victim. While the defendant was doing his usual work the victim and her two brothers went over and started playing with the defendant. The two brothers then left and the defendant took the victim to a secluded area and he showed the victim his penis. He then placed the victim’s hand on his penis. He then removed her panty, fondled with her vagina and proceeded to suck her vagina.

Aggravating Factors

1. At a very young age of 5 the victim has been subjected to acts of gross indecency by a man 52 years older than the victim.
   
2. As the defendant is the grand-uncle of the victim, she obviously looked up to the defendant with some degree of trust. That trust has been shattered.
   
3. The offending was premeditated. As soon as the two brothers of the victim left the defendant immediately proceeded to satisfy his sexual lust.
   
4. The impact of his offending on the victim. I have before me the victim’s impact report. It says the:
   

"The victim is now frightened to play in the area where the incident occurred than she usually plays by herself. However, since the incident the victim can no longer play in that area again. The victim no longer trust her other relatives apart from her parents ever since the incident. And the victim usually suffers from nightmares in the middle of the night after the incident. Finally you have a previous

5. Finally he has a previous conviction for exactly the same offence for which he was imprisoned.
   

Discussion

The gravity and high incidence of this type of offending justifies a custodial sentence to protect our young girls. Retribution and deterrence are the relevant consideration which must be applied here. The defendant sentenced to three years imprisonment.

JUSTICE VAAI