Police v VE [2010] WSSC 86 (4 August 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

VE,
male
Defendant

Presiding Judge: Justice Slicer

Counsel: Mr. G Patu for the prosecution
Mr. J Brunt for the defendant

Hearing: 29, 30 July and 2 August 2010
Sentencing: 4 August 2010

Charge: Rape (x2), Attempted Rape (x4), Indecent Assault (x1) and Threat to Kill (x1)

SENTENCE

1. VE has been found guilty, after trial, of the crimes of Rape, Attempted Rape, Unlawful Sexual Intercourse, Indecent Assault and the making of Threats to Kill or Harm, contrary to the Crimes Ordinance 1961, sections 47, 51, 52, 53 and 82.
   
2. The crimes were committed over some 6 years on a girl now aged 13 years. Informations alleging acts of indecency and unlawful sexual intercourse were dismissed since they were not commenced within the prescribed statutory period. The evidence shows a course of sexual misconduct over a long period between August 2004 and May 2010.
   
3. The threat to kill or cause bodily harm was made to a younger sibling, the birth daughter of the offender after her mother discovered the conduct.
   
4. The sexual misconduct was against the step-daughter of the offender. Her mother suspected the conduct in May 2009 but did not report the matter to police until the following year after a medical examination showed that the girl had been interfered with.
   
5. The effects of the sexual assaults on a young girl have been serious and will last a long time. She is withdrawn, has stopped going to school and suffers from depression. She had not complained to her mother before 2009 because of fear and shame.
   
6. When interviewed by police, VE denied any wrongdoing. He has shown no remorse for his conduct. He has not performed ifoga. He is not entitled to the benefit of plea. The girl was required to give evidence and repeat her ordeal.
   
7. The conduct was of the worst form and a betrayal of trust to both the mother and his step-daughter.
   
8. The defendant is aged 30. He had lived with the mother for 10 years. He has no previous record and was a valued and good employee. The crimes of rape were committed with force but no extra violence was committed beyond that necessary to achieve his purpose.
   
9. The commencing point for the crimes of rape will be 14 years imprisonment, for attempted rape 8 years and the unlawful sexual intercourse and indecent assault 3 years. The threat to the daughter will result in a sence of 6 months. The head sentence will be reduced by 2 years because of the previous good conduct of the offender. The sentences will be concurrent.
   

ORDERS

(1) VE is convicted of the crime of Rape.

(2) VE is sentenced for those crimes to a sentence of 12 years imprisonment, such sentence to commence as and from 19 May 2010.

(3) VE is convicted of the crime of Attempted Rape and is sentenced to 8 years imprisonment, to be concurrent with Order (2).

(4) VE is convicted of the crime of Unlawful Sexual Intercourse and is sentenced to 3 years imprisonment, to be concurrent with Order (3).

(5) VE is convicted of the crime of Indecent Assault and is sentenced to 3 years imprisonment, to be concurrent with Order (4).

(6) VE is convicted of the crime of making threat and is sentenced to 6 months imprisonment, to be concurrent with Order (5).

JUSTICE SLICER

THE EXISTING ORDER TO SUPPRESS THE NAME OF THE COMPLAINANT, HER FAMILY, THE NAME OF THE DEFENDANT AND THE NAME OF THE VILLAGE REMAINS IN FORCE.