Police v Apineru [2014] WSSC 171 (22 September 2014)

IN THE SUPREME COURT OF SAMOA
Police v Apineru [2014] WSSC 171

Case name:	Police v Apineru
Citation:	[2014] WSSC 171
Decision date:	22 September 2014
Parties:	Police (Prosecution) and Mekisateko Apineru male of Vaitele-fou & Samata Savaii (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:	For this offence you will be convicted and sentenced to 9 months in prison, remand in custody time to be deducted
Representation:	O Tagaloa Ms Tavita for prosecution Defendant unrepresented
Catchwords:	Carnal knowledge – sexual connection with a girl over 12 years under 16 years –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

MEKISATEKO APINERU male of Vaitele-fou and Samata Savaii.
Defendant

Counsel:
O Tagaloa Ms Tavita for prosecution
Defendant unrepresented

Sentence: 22 September 2014

SENTENCE

1. The defendant appears for sentence on a charge of carnal knowledge or having sexual intercourse with a girl between 12 and 16 years not being his wife. The defendant is a single 22 year old male of Vaitele-fou and Samata Savaii working at his cousins engineering shop at Vaitele-fou at the time of this offending. The victim is a single 14 year old female also of Vaitele-fou attending Faleata College.
2. The police summary of facts which the defendant has admitted says that the defendant and victim were in a relationship and had numerous sexual intercourses. However he has only pleaded guilty to one count of sexual connection with the girl on 25 July 2014. This occurred around midnight in the defendants house at Vaitele-fou. The intercourse from what is portrayed in the summary was consensual and the couple were discovered by an uncle who saw the victim when she left later that night to return to her house. The defendant was apprehended by the police and during interview admitted he had sexual intercourse with the victim on 25 July 2014.
3. Cases of carnal knowledge are very common in this country. Many young men are serving prison terms for this sort of offence. Because the law is there to protect young girls from older more mature males and from their own urges until they are old enough to know better. At the time of this offending the defendant was 8 years older than the 14 year old who was still at school. Meki should have exercised better judgment and not done this with this underage female.
4. For your information Meki the maximum penalty by law for this offence is 10 years in prison. But considering all the circumstances especially the fact that the intercourse was consensual a 2 year start point is appropriate. For your guilty plea I will deduct one-quarter of the penalty namely a period of 6 months leaves a balance of 18 months. You have a good pre-sentence report showing your tautua to your family and you have a clean criminal record. For that I will deduct Meki a further 6 months leaves a balance of 12 months imprisonment. Report indicates that there has been an apology which eventually was accepted by the complainant’s family. To recognize that I will deduct 3 months from the balance of your sentence leaves 9 months in prison.
5. There are no other deductions Meki that you qualify for, for this offence you will be convicted and sentenced to 9 months in prison, remand in custody time to be deducted.
   

...........................
JUSTICE NELSON