Police v Farani [2014] WSSC 141 (16 June 2014)

IN THE SUPREME COURT OF SAMOA
Police v Farani [2014] WSSC

Case name:	Police v Farani
Citation:	[2014] WSSC
Decision date:	16 June 2014
Parties:	Police (Prosecution) Farani Tenisi, male of Tufulele. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On both of these charges you will accordingly be convicted and sentenced to 5½ years in prison but terms concurrent so you will serve a total of 5½ years only. E poloaiga foi e le fa’amasinoga le toese mai le 5½ tausaga lena le taimi lea sa e nofo taofia ai e fa’atalitali le fa’aiuga o le mataupu lenei Tenisi.
Representation:	O Tagaloa 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:

POLICE
Prosecution

AND:

TENISI FARANI, male of Tufulele.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 16 June 2014

SENTENCE

1. Tenisi has pleaded guilty to two charges. Firstly attempting to rape the complainant and secondly assaulting the complainant with intent to commit sexual violation. The police summary of facts which the defendant admitted this morning says he is a 36 year old married male of Tufulele with 5 children. The victim is a 26 year old female who is the wife of the defendants cousin. She lives with the defendants cousin.
2. On Sunday 9 March this year after a drinking party involving the defendant and his cousins the defendant went towards the house of the complainant. The defendants cousin or the husband of the complainant was sleeping where their drinking session had been held. The barking of the complainants dogs awoke her and she thought it was her husband coming home. It was very late at night. At home was only the complainant and her young children.
3. The complainant looked out and saw that it was not her husband but the defendant. The defendant came to the mosquito net and asked her what the time was. The complainant told him what time it was and asked where her husband was. The defendant told her where the husband was sleeping. He then blew out the kerosene lamp and climbed into the mosquito net.
4. The police summary of facts says that he held down her hands and covered her mouth and tried to pull her shorts down. The woman struggled to get free and tried to pull her shorts back up. At the same time called out her husband’s and her brother-in-law’s name for help. The struggle went on for about 10 minutes before the brother-in-law responded and using the light from his cell phone he came towards the mosquito net. When the defendant saw this he hopped out of the net and tried to run away. The brother-in-law caught him and they fought. The victim quickly grabbed her children and ran out of the house to her neighbours house before reporting this matter to the Faleolo Police. Resulting in the defendant being apprehended charged. Charges to which he has pleaded guilty.
5. The maximum penalty for the charges by law is 14 years in prison. They are serious charges and the defendants actions were serious. They were the actions of a drunk man in the middle of the night going to the mosquito net of another woman not his wife. We Samoans have a name for that. We all know what it is. The defendant is fortunate that the complainants husband did not catch up with him.
6. Considering all the factors of your case I accept the prosecution submission that the start point to be applied is 8 years in prison. That reflects the relevant factors. For your guilty plea I will deduct one-quarter of the term because that has saved the courts time and the complainant having to relive this incident in court. That is a deduction of 2 years leaves a balance of 6 years. You are also entitled to a deduction for your good background of service for your family as detailed in the probation office report. Which also refers to your service to your ekalesia as evidenced by a character reference from your faifeau. You have a clean criminal record this is your first court appearance. For those matters I will deduct 6 months from the balance of your sentence leaves 5½ years in prison. According to the probation office report there has been no reconciliation effected in this matter, there has been no village council penalty there are therefore no other deduction that can be made for your case.
7. On both of these charges you will accordingly be convicted and sentenced to 5½ years in prison but terms concurrent so you will serve a total of 5½ years only. E poloaiga foi e le fa’amasinoga le toese mai le 5½ tausaga lena le taimi lea sa e nofo taofia ai e fa’atalitali le fa’aiuga o le mataupu lenei Tenisi.
   

JUSTICE NELSON