Police v Lemalie [2014] WSSC 41 (16 June 2014)

SUPREME COURT OF SAMOA

Police v Lemalie [2014] WSSC 41

Case name: Police v Lemalie

Citation: [2014] WSSC 41

Decision date: 16 June 2014

Parties: Police and Toma Lemalie

Hearing date(s):

File number(s): S1741/14

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Vaai

On appeal from:

Order: (Sentence)

Representation:
Rexona Titi-Reti for prosecution
Unrepresented

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

A N D:

TOMA LEMALIE male of Leauvaa

Defendant

Counsel: Rexona Titi-Reti for prosecution

Unrepresented

Sentence: 16 June 2014

S E N T E N C E

1. Defendant you were first represented by counsel on this matter. That counsel entered a plea of guilty on your behalf, but when you came up for sentence, counsel sought leave of the court to withdraw because you refused to accept his advice to own up and plead guilty to the offence of indecent assault. You sought leave to change plea which was granted. You were found guilty.
2. You told the probation service that you refused to accept the recommendation by your counsel because you are innocent of the charge for which you now appear for sentence. The matter came into a hearing before me and I found you guilty again you told the probation service that you are innocent. That is despite the fact that you, your wife and your older brother went and apologised to the parents of the victim for what you did to her. The parents of the victim obviously did not accept your apology.
3. The victim in this matter was 19 years of age at the time of the offending and you are 43 years of age. Your insistence and your innocence obviously tells me that you are not remorseful of what you did. I take in your favor the testimonials which are before me as well as the fact that you have been banished from your family land at Leauvaa as a result of your offending. Your obvious lack of remorse in this matter by insisting on your innocence will not aggravate the offending but it obviously will not go in your favor in mitigation.
4. The probation service correctly tells me that you are not suitable for community service. I accept the recommendation by the prosecution for imprisonment sentence and you are accordingly sentenced to 12 months imprisonment.
   

JUSTICE VAAI