Police v Solomua [2010] WSSC 27 (22 March 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

SAMUELU SOLOMUA,
male of Sataoa.
Defendant

Counsels: Mr M. Lemisio & Ms L. Taimalelagi for the prosecution
Defendant unrepresented

Sentence: 22 March 2010

SENTENCE

Samuelu you are also charged with the rape of this 8 year old but the circumstances of your offending are quite different. The police summary of facts that I have read indicates that there is no evidence of violence although you have pleaded guilty to rape which is forced sexual intercourse. I however reject what you told the probation office that the intercourse was precipitated by the complainant coming to you while you were asleep and fondling your genitals. It is highly doubtful that this 8 year old would have had that capacity or know how. In any event I have noted Samuelu that you told the probation office that when the rape occurred the victim had refused to have sex with you but you forced her nevertheless.

You too were living with the grandmother in the same house as the complainant. How much your older co-offender Sitivi Malofiti may have contributed to your offending is not clear to me but I am sure he did so in some way because the two of you are the two male cousins living with the complainant and her grandmother. One thing is for sure you should stay away from people like Sitivi.

Also heavily in your favour is the fact that you are only 17 years of age, you are very young. But still you should not have taken advantage of a girl 9 years younger than you. You too have abused her trust in you as an older cousin and this young girl will live with the rest of her life with the consequences of your offending. So you Samuelu must also share some of the responsibility of what you have done to this young girl. An imprisonment term must be imposed notwithstanding your young age but a shorter term is required in order to take into account the difference as between you and the previous defendant and the difference in the offending.

In respect of this charge of rape you will be convicted and sentenced to 4 years in prison which in view of your age I will reduce to 3 years imprisonment. There will be a further order that your remand in custody time awaiting sentence is to be deducted from that and that you serve your term of imprisonment at the Olomanu Juvenile Facility.

It is to be further noted that this defendant told me that during his remand in custody time he was kept together with the adult prisoners at Tafaigata. That is a practice that is to cease immediately in respect of young offenders. There is a juvenile facility that has been pecially built for them, it does not matter how far away it is, that is where they have to be kept awaiting sentence and being dealt with by the court. The Attorney Generals office is directed to specifically write to this effect to the Commissioner of Police and to copy the court with its correspondence.

JUSTICE NELSON