Police v Ah Chee [2013] WSSC 46 (10 June 2013)

SUPREME COURT OF SAMOA

Police v Ah Chee [2013] WSSC 46

Case name: Police v Ah Chee

Citation: [2013] WSSC 46

Decision date: 10 June 2013
Parties:
POLICE v NIU LOGO AH CHEE, male of Se’ese’e and Tafua Savaii.

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
Defendant unrepresented

Catchwords:

Words and phrases:

Legislation cited:
Cases cited:
Police v Kome [2008] WSSC 32

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

THE POLICE

Prosecution

AND

NIU LOGO AH CHEE, male of Se’ese’e and Tafua Savaii.

Defendant

Counsel: O Tagaloa for prosecution

Defendant unrepresented

Sentence: 10 June 2013

SENTENCE

As this is a sexual complaint case involving a young girl there will issue the normal suppression order prohibiting publication of the complainants name and other details including where she lives.

The police summary of facts which the defendant admits says that he is a 17 year old male of Se’ese’e single and works as a carpenter. The complainant was at the time 12 years of age and at school. The summary says that the defendant is related to the complainant. His mother and her mother are cousins.

The defendant faces three counts of indecent assault. The first S378/13 relates to an incidents that occurred about mid-night on Tuesday 18 December 2012. At that time the complainant was asleep in her house and was awoken by the defendant fondling her breasts. The defendant told her to be quiet and continued with his actions as well as sucking her breasts and fondling her private parts. He then attempted to have sex with her but was unable to do so. Probably because the girl was only 12 years of age. And according to the police summary of facts these actions caused her discomfort and pain.

Nothing further happened until again around mid-night on the night of Friday 21 December 2012. That is reflected in charge number S380/13. Once again the defendant entered the girls house and indecently assaulted her while she was sleeping.

The third and final incident occurred on Friday 18 January this year again after mid-night while the complainant was asleep in her house. The defendant entered the girls house and indecently assaulted her. But on this occasion the complainants mother caught him and he fled the scene. The defendant was identified and subsequently taken into police custody and charged with three counts of indecent assault.

The major aggravating factor in this case is the very young age of the complainant girl. As was stated by my brother judge Vaai, J in Police v Kome [2008] WSSC 32 “sentence imposed by the court should convey to the defendant and other like minded men that this sort of offending is not tolerated.” That case also involved a 17 year old charged with indecent assault. And the learned judge there said although you are young and you are remorseful and although this is your first time a custodial sentence must nevertheless be imposed. Imposed in order to reflect the seriousness of the charge. Those observations apply equally to the case of this 17 year old. I accept the defendant is remorseful as he expressed to the court this morning.

The maximum penalty Niu for this offence is 7 years in prison for each charge. An appropriate start point considering all the circumstances of the case is 4 years. I will deduct one-third of that term because you have pleaded guilty to these charges. Because that has saved the courts limited time and resources and also because that has avoided this young girl having to come to court and relive what happened. After deducting one-third of the start term that leaves a balance of 32 months. From that I will deduct 12 months to reflect the fact that you are a first offender and that you are only 17 years of age. That leaves a balance of 20 months in prison. From that I will make a deduction of a further 2 months to reflect the apology that your family gave to the family of the complainant on your behalf. That leaves a balance of 18 months.

On each of these charges Niu you will be convicted and sentenced to 18 months in prison but all terms to be served concurrently. Time that you have been remanded in custody awaiting sentence is to be deducted from that term. It is also a recommendation of the court given his age that the police consider the accused serve his time at the Olomanu youth remand facility.

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

JUSTICE NELSON