SUPREME COURT OF SAMOA
Police v Mikaele [2012] WSSC 70

Case name: Police v Mikaele
Citation: [2012] WSSC 70
Decision date: 02 July 2012
Parties: 
POLICE v SAVELIO MIKAELE male of Tafaigata Prison and Sapapalii.
Hearing date(s): 
File number(s): 
Jurisdiction: Criminal
Place of delivery: Mulinuu
Judge(s): Nelson J 
On appeal from:
Order:
Representation: 
Ms F E Niumata for prosecution
Defendant unrepresented 
Catchwords: 
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

SAVELIO MIKAELE male of Tafaigata Prison and Sapapalii.
Defendant

Counsel:  Ms F E Niumata for prosecution
Defendant unrepresented 

Sentence: 02 July 2012

SENTENCE

This defendant appears for sentence on four charges.  The primary one is that at Alafua on 29 August 2011 he attempted to rape the complainant a 13 year old school girl on her way home from school.  The facts adduced at trial are fully canvassed in the courts decision of 15 June 2012.  In brief they indicate that the defendant waylaid the complainant on a deserted road in a bushy part thereof.  He used the pretence of a cell-phone to divert her attention before putting a knife to her neck and dragging her into the bushes.  It was only the complainants struggles and screams that allowed her to escape essentially unharmed.  The evidence against the defendant at trial was overwhelming and he had no basis for disputing the charges against him.  He was found guilty of attempted rape and associated charges of indecent assault, assault and armed with a dangerous weapon.  
This defendant is a career criminal.  His records shows he began offending in 1989 when he was only about 17 years of age.  His previous offences include convictions for burglary and theft, found by night, escape from prison, possession of narcotics, indecent assault and armed with a dangerous weapon.  Some 12 days before this particular offence also of breaking into a house in a neighbouring village and raping a woman.  The defendant at that time had escaped from Tafaigata Prison where he was serving lengthy prison terms.  
Clearly the public and women in particular of our community must be protected from seasoned offenders like this defendant.  Given his record and numerous escapes from custody convictions he would be a suitable candidate like a handful of other prisoners at Tafaigata for a maximum security prison.  The likelihood of his escaping and doing further or even greater harm is high.  The prison authorities would be well advised to keep a close eye on the defendant.  
The maximum penalty for attempted rape is 10 years in prison.  That means Savelio for your matter considering the circumstances of the offending the court will start with a beginning sentence of 5 years.  Which given your penchant for escaping and offending while at large and in the interest of public safety should be upgraded to 7 years.  There is nothing in the defendants favour.  He did not accept responsibility and plead guilty instead he disputed the charges necessitating the complainant testify and a full trial being held.  There has been no expression of remorse even when invited to say something in mitigation.  Needless to say no apology has been made to the complainant or her family by the defendant or his family if he has one.  
On the debit side this sexual assault was on a young and vulnerable school girl alone on her way home.  There is no evidence of physical injury from the defendants assault but the facts indicate that he did throw her to the ground and performed actions to overpower her.  And there is no doubting the physcological impact such offending has on a girl so young.  
In respect of the charge of attempted rape the defendant will be convicted and sentenced to 7 years in prison cumulative to his present terms.  On the charge of indecent assault the evidence showed this comprise of an unwelcome kiss only.  He is convicted and sentenced to 1 month for that matter to be served concurrent to his present terms.  
In respect of the assault charge this consisted of his putting a knife to the complainants neck, dragging her to the bushes and throwing her to the ground.  And trying to stifle her screams for help.  The assault was a serious one on a young girl in a secluded area with a sexual purpose in mind.  For that matter the defendant will be convicted and sentenced to 10 months in prison again a term to be served concurrent to his other terms.  
On the final charge of armed with a dangerous weapon, this comprises the defendants use of a knife which he put to the girls neck.  That is a serious use of the weapon you will be convicted and sentenced to 6 months in prison but again that is to be served concurrent to his present terms of imprisonment.  The end result of all these Savelio is you have a cumulative 7 year prison terms for all these offences.  
Ua lava ia lena sola i tua ma solitulafono faapea Savelio. O lena o le a uma lou olaga i le falepuipui.  Maimau le taimi.    

JUSTICE NELSON