Police v Sopoaga [2013] WSSC 45 (10 June 2013)

SUPREME COURT OF SAMOA

Police v Sopoaga [2013] WSSC 45

Case name: Police v Sopoaga

Citation: [2013] WSSC 45

Decision date: 10 June 2013
Parties:
POLICE v ETELOMA aka FOAI SOPOAGA, male of Saanapu.

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:
Representation:
O Tagaloa for prosecution
A Roma for defendant

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

THE POLICE

Prosecution

AND

ETELOMA aka FOAI SOPOAGA, male of Saanapu.

Defendant

Counsel: O Tagaloa for prosecution

A Roma for defendant

Sentence: 10 June 2013

SENTENCE

Because this is a sexual complaint case there will issue the usual suppression order prohibiting publication of the name and details of the complainant girl in this matter. That includes her village of residence.

The defendant is a 29 year old male of Saanapu. The pre-sentence probation report says that he lives at Saanapu with his wife and children. He earns a livelihood from fishing and from his plantation. Like all Samoan males of his age he cares for his family and has a number of dependants. He is described as hardworking and reliable by members of his family as well as by his pulenuu and faifeau.

Clearly he is a person of good character who unfortunately and as his counsel has put forward gave in to temptation and became involved with an underage female. Resulting in the girl becoming pregnant. At the time the complainant was 15 years of age and living at Saanapu which is not her usual place of residence. It is clear from the circumstances of the offence that she consented to the acts of sex with the defendant. Acts which occurred mainly at the defendants house but at least once behind the complainants house late at night.

The defendant faces three charges: one relating to 28 December 2011 and two relating to January 2012. Each of these charges carries a maximum penalty of 7 years in prison. As the defendant through his counsel has properly acknowledged there is a sentencing policy of this court about this type of offending. And that is normally penalties of imprisonment are imposed. That is seen as necessary to deter not only the defendant from future re-offending but other males from engaging in acts of sexual intercourse with underaged females.

There is no reason to depart from the normal sentencing policy for your case Eteloma. The prosecution have sought an 18 month penalty of imprisonment. Considering the circumstances I do not consider that to be the appropriate penalty but it is the appropriate start point. From that I will deduct firstly 3 months for your guilty plea which has saved the courts time and saved a trial. That leaves a balance of 15 months. From that I will deduct 3 months to reflect the fact that you are a first offender. Leaves a balance of 12 months. And from that there should be a further deduction made to reflect the ifoga that was carried out and the village penalty that you paid. For that I will deduct a further 3 months leaving a balance of 9 months.

In respect of each of these charges Eteloma you will be convicted and sentenced to 9 months in prison. Terms are to be served concurrent.

.........................

JUSTICE NELSON