Police v Sekai [2014] WSSC 146 (23 June 2014)

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

Case name:	Police v Kalifa
Citation:	[2014] WSSC
Decision date:	23 June 2014
Parties:	Police (Prosecution) Sekai Kalifa, male of Falefa and Faleapuna. (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:	In respect of the charge of sexual connection with a 5 year old boy you are convicted and sentenced to 33 months in prison, remand in custody time to be deducted. On the second charge of threats made to the young boy. Those were significant and were aimed at a 5 year old. On that charge you will be convicted and sentenced to 18 months in prison, term to run concurrent with your other term.
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:

SEKAI KALIFA, male of Falefa and Faleapuna
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 23 June 2014

SENTENCE

1. Defendant appears for sentence on two charges. One is that at Falefa on the 31^st day of March this year he did have sexual connection with the complainant a 5 year old male. By rubbing and sucking his penis. He is further charged at the same place and time with verbally making a threat to kill or do bodily harm to the 5 year old boy.
2. The summary of facts which he has admitted says that he is a 20 year old male of Falefa, currently residing at Faleapuna with his wifes family. He is unemployed but stays at home doing family chores. The victim is a 5 year old boy attending kindergarten. A suppression order remains in force in respect of the details of the young complainant.
3. On Monday 31 March about 8:00 am in the morning the complainant met the defendant on the road. The complainant was going to the plantation to see his uncle. The defendant asked him where he was going and the young boy told him. The defendant said he will accompany him. On the way the defendant lured the young boy into a bush area where no one else was around. The defendant at that time was holding a machete.
4. The defendant according to the summary of facts told the young boy to suck his penis. The young boy refused and the defendant threatened him with the machete. The defendant then took off the young boys pants masturbated him and then performed oral sex on him. At that time the young boy heard his mother calling but the defendant told him not answer. The defendant then tried to get the boy to suck his penis but again the young boy refused.
5. The summary then goes on to say that a car then went past and the defendant got on the car leaving the young boy behind. The young boy cried and ran all the way home and told his grandmother and aunty about what the defendant had done. When the young boy’s mother returned from looking for the young boy he also told her what the defendant had done. The family reported the matter to the police leading to the defendants appearance for sentence today. He has pleaded guilty to the two charges of sexual connection and threat to kill.
6. I will deal first with the more serious charge of sexual connection with a young person under 12 years of age. The probation office report on Sekai says that he is now 20 years old but at the time of this offending was 19. Even at that young age he is married with a young daughter some few months old. It is therefore hard to understand how a young married father could do this to someone else’s child. I am sure the defendant does not want someone else doing this to his child. I believe the defendant may be in need of some serious counselling. I hope that happens while he is in prison. Because there is no question an imprisonment penalty is required for what you did, as a deterrent to him never to do this again. And as a deterrent to any other young men there thinking of doing this.
7. Considering the circumstances in particular the age difference between the 19 year old defendant and 5 year old boy, an age difference of 14 years, the fact that the defendant lured this young boy to a deserted area where he was alone and vulnerable and that he used threats of bodily harm to facilitate what he wanted to do. And then when he finished he just left the young child alone in the bush. I am mindful of what is in the victim impact report on the young boy. It indicates that the mother has noticed a change of behaviour. She says that he has started telling people about this sort of thing, especially his little sister and he has picked up some swear words which he now suddenly uses. It is difficult to determine what sort of impact this kind of behaviour by a mature adult has on a young child. But there is no doubting that it would cause psychological distress to a young child.
8. Many overseas studies show that young people who are sexually abused at a young age grow up to become abusers themselves. Maybe this is what happened to the defendant Sekai. I hope it will not happen to the young child.
9. Considering all the circumstances of your matter and giving due weight to the fact that the charge involves you masturbating and fellating a 5 year old boy. I accept the prosecution submission that a 5 year start point is appropriate. That in my view reflects the circumstances of this case. From that you are entitled to certain deductions which I will now make on your behalf. For your guilty plea a one-quarter term deduction leaves a balance of 45 months. You have a clean criminal record you have a relatively good background as referred to in the pre-sentence report. There are good character references submitted by your faifeau and your pulenuu. A lot of these people are surprised by your behaviour. For your good background I will deduct 6 months from the balance of your term leaves 39 months. There is also reference in the probation report to an apology that was made to family of the victim and duly accepted plus a penalty imposed by the village council of Faleapuna. To take account of those factors I will deduct a further 6 months from the balance of your term leaves a balance of 33 months. There are no other deductions that can be made from your sentence Sekai.
10. In respect of the charge of sexual connection with a 5 year old boy you are convicted and sentenced to 33 months in prison, remand in custody time to be deducted.
11. On the second charge of threats made to the young boy. Those were significant and were aimed at a 5 year old. On that charge you will be convicted and sentenced to 18 months in prison, term to run concurrent with your other term.
    

JUSTICE NELSON