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Police v Vaiasi [2014] WSSC 211 (15 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Vaiasi [2014] WSSC 211


Case name:
Police v Vaiasi


Citation:


Decision date:
15 December 2014


Parties:
POLICE (Prosecution)
IAKOPO POGIA VAIASI male. (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 matter Iakopo on the charge of attempted sexual connection you will be convicted and sentenced to 18 months in prison. But your remand in custody time awaiting sentence if any is to be deducted.
On the charge of indecent assault convicted and sentenced to 12 months in prison concurrent 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:


IAKOPO POGIA VAIASI male.
Defendant


Counsel: O Tagaloa for prosecution
Defendant unrepresented


Sentence: 15 December 2014


SENTENCE

  1. This defendant appears for sentence on one count of attempted sexual connection and one count of indecent assault. The police summary of facts which he has accepted says that he is a 42 year old male married with children and the that the victim is a 14 year old female attending school. The victim is the defendants niece being a daughter of his brother. Usual suppression order issues in respect of the victims detail.
  2. On Sunday, 23rd September this year the victim and a sibling were asleep at their house. Between 4:00 and 5:00 pm the defendant visited the house and saw the girl was asleep and that there were no older people of the family around. He took off the victims blue shorts and her black panty and fondled her private part as well as her breasts. This caused the victim to awaken and to her surprise she saw the defendant sitting next to her and touching her. She tried to scream for help but the defendant said “aua nei e pisa, e ke pisa loa o’u fasia ma oe.” At this time the victims mother surprised the defendant calling the defendants name. This caused him to stop what he was doing and leave the house and led to this matter being reported to the police by the family and to the charges against the defendant.
  3. What the defendant has done in this case is punishable according to the law by 10 years maximum penalty. The grossness of his actions plus the furtive and calculated manner in which they were carried out on his 14 year old niece who is 28 years younger than him means an imprisonment penalty is necessary and appropriate for this defendant. To hold the defendant accountable and to tell him of the seriousness of his actions and hopefully deter him from doing this again. And as a general deterrence to all uncles who should not even be thinking about touching their young nieces in this sort of inappropriate manner.
  4. I agree with prosecution Iakopo a 4 year start point for sentence is appropriate for your case. But you are entitled to deductions which I will now make. Firstly for your guilty plea I will deduct one-quarter of the sentence. That is a period of 12 months leaves 3 years in prison.
  5. You have a clean police record, you have a good background of service according to the pre-sentence report. There are references filed from your faifeau and from your pulenuu. In recognition of those factors I deduct 6 months from the balance of your term leaves 30 months.
  6. There has been a reconciliation in this matter that has been confirmed from the pre-sentence report. That was also confirmed by a member of your family who appeared. For that I will deduct 6 months from your sentence leaves 24 months in prison.
  7. The pre-sentence report has also confirmed your banishment from your village due to this matter. To take account of that banishment I will deduct a further 6 months from your balance of sentence leaves 18 months in prison.
  8. For this matter Iakopo on the charge of attempted sexual connection you will be convicted and sentenced to 18 months in prison. But your remand in custody time awaiting sentence if any is to be deducted.
  9. On the charge of indecent assault convicted and sentenced to 12 months in prison concurrent term.

JUSTICE NELSON



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