Police v Filipo [2013] WSSC 92 (28 January 2013)

SUPREME COURT OF SAMOA

Police v Filipo [2013] WSSC 92

Case name: Police v Filipo

Citation: [2013] WSSC 92

Decision date: 28 January 2013
Parties:
POLICE v TAUMAFAI FILIPO , male of Faga Savaii

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:
Representation:
L Taimalelagi for prosecution

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:

TAUMAFAI FILIPO, male of Faga Savaii.
Defendant

Counsel: Ms L Taimalelagi for prosecution
Defendant unrepresented

Sentence: 28 January 2013

SENTENCE

This defendant according to the police summary of facts which he has admitted is a 45 year old male married and works a plantation. In 2009 he was sentenced to 3 years in prison for indecently assaulting his neighbours daughter who was 7 years of age. That case also involved his performing indecent acts on the complainants private parts. He was released on parole and his parole term expired 15 December 2012.

On 27th of December 2012 the present re-offending occurred. Involving a complainant who is also 7 years old and who is the daughter of another neighbour of the defendant. The allegation which the defendant has pleaded guilty to is of committing an indecent assault on her. The defendant told the probation office who asked him if he was sexually attracted to young girls that he is not and he has a healthy sexual relationship with his wife. That is rubbish. He has a problem with young girls as is clear from his pattern of offending. It is also clear from what is in the probation office pre-sentence report that his wife is well aware of his problem. Because she seeks to blame the mother of the victim for allowing the victim to come over to their house.

The police summary of facts relates that on the 27th of December 2012 the defendant took the victim to town to do some shopping. When they returned home he took the young girl to his house. Where his wife was at this stage is not disclosed by the summary of facts. But when they arrived at the defendant house the defendant fondled the victims private parts. The summary relates that the victims family became suspicious because they had often seen the defendant in the company of the victim and carrying her on his back or holding her hand. The victim was interviewed by her family and she confessed what the defendant had done to her. The family reported the matter to the police leading to the defendants appearance today for sentence on one count of indecent assault.

It is apparent from the defendants history that he has issues with young girls and touching young girls. Some offenders are cured of this by being sent to prison. Some are not. The defendant seems to fall into the latter category which only goes to show how important it is as the court has stated previously to have sexual offenders such as this defendant subjected to some counselling and rehabilitation programs as part of their prison term. So that the likelihood of such offenders re-offending is minimized. This may be something the new prison authorities may wish to seriously consider. It may also be time for sexual offenders in this country to be kept in a register so that their subsequent post prison movements can be monitored and so that their neighbours are fully aware of who is living next door to them.

It is clear the defendant learnt nothing from his period of imprisonment and the likelihood of his indecently assaulting young girls again remains high. Unfortunately no other penalties are available and societys protection requires that I send you back to prison. Prison term must also be imposed to mark societys condemnation of this sort of behaviour and as an example to the defendant and to everyone else especially those who may be thinking of behaving in such a barbarous fashion.

Indecent assault carries a maximum of 7 years in prison. An appropriate start point taking into account all factors including the young age of the complainant; the nature of the indecent assault carried out; the fact that this defendant took the young girl to his house in order to carry out his purposes; the need for a deterrent sentence not only to the general public at large but also to the defendant himself so that the next time he feels an urge to touch a female private part he should touch his wifes and not some young girl next door; four year prison term is appropriate. From that I will deduct 1 year for the defendants guilty plea leaves a balance of 3 years.

The defendant is convicted and sentenced to 3 years in prison. His remand in custody time awaiting sentence is to be deducted.

There will issue also for the record and I am sure that the press corp are well aware of this a suppression order in relation to the details of the young girl involved in this matter including the place where this offending occurred.

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

JUSTICE NELSON