Police v Sega [2015] WSSC 147 (4 May 2015)

IN THE SUPREME COURT OF SAMOA
Police v Sega [2015] WSSC 147

Case name:	Police v Sega
Citation:	[2015] WSSC 147
Decision date:	04 May 2015
Parties:	The Police (Prosecution) Toni Sega, male of Niusuatia and Lefagaoalii (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On each charge convicted and sentenced to 12 months in prison concurrent term. Any time in custody awaiting sentence to be deducted.
Representation:	O Tagaloa for prosecution T Leavai for defendant
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

TONI SEGA, male of Niusuatia and Lefagaoalii.
Defendant

Counsel: O Tagaloa for prosecution
T Leavai for defendant

Sentence: 04 May 2015

SENTENCE

1. This defendant has pleaded guilty to four charges. The first that between the 31^st day of May and the 01^st day of July 2012 he did indecently assault the female complainant. The second that he did do the same thing between the 31^st of July and the 01^st of September 2012. The third that he did the same thing to the complainant between the 31^st of October and 01^st of December 2012. And finally that he did indecently assault the same young girl between the 31^st January and the 01^st day of March 2013.
2. The police summary of facts which the defendant accepted through his lawyer states he is a 34 year old male of Niusuatia and Lefagaoalii in Savaii. The victim is a 16 year old female and at the time of the offending was 14 years of age and was attending school. The defendant was married to the victims mothers cousin. There will issue the usual suppression order in relation to the victims details prohibiting them from being published.
3. The police summary indicates that in June 2012 while the victims parents were residing in Apia the victim was at her home village. The defendant approached the victim and asked her if she could come and sleep at his house with his young daughter and help out with preparation of food that they were selling for fundraising purposes. The victim agreed. This led to a sexual relationship between the defendant and the victim resulting in the four charges against the defendant covering the period 31 May 2012 to 01 March 2013.
4. The details of the indecent assault are said to be acts of fondling by the defendant of the victims private part as well as performing upon her oral sex. There is also reference in the documents before the court to the victim becoming pregnant but as the charges involve allegations of oral sex I will ignore that for the purposes of sentencing.
5. The offending committed by the defendant are serious. Because they were committed in the year 2012 and 2013 the charges are brought under the old Crimes Ordinance 1961. Under that legislation a maximum penalty of 7 years in prison applies to each charge. The offending is aggravated by the young age of the girl involved namely a 14 year old school girl. And the age disparity between the victim and the defendant of 20 years. The defendant was much older and more mature than her. He took advantage of that experience to seduce the young girl. There will also have been a breach of trust to some extent as the defendant is a relative by marriage and an older male of the extended family. The victim was a neighbour and she was at the time of this offending sir under your care and protection. This is also not a case of one-off offending but multiple offending.
6. Prosecution have suggested a start sentence of 3 years in prison I agree that is appropriate. For your guilty plea I will deduct one-quarter of that term a period of 9 months leaves 27 months.
7. You have a good background as per the pre-sentence report you have a clean criminal record. There are many testimonies attached to that report from various people speaking well of you. To reflect those matters Tony I deduct 6 months leaves a balance of 21 months.
8. The pre-sentence report also talks extensively about the reconciliation that was carried out. That is appropriate and in accordance with our custom and tradition. For that I deduct a further 6 months, leaves 18 months.
9. Your counsel and probation office have referred to banishment from the village for this offending and also that your family have now been reinstated “fa’aa’e” by the village. I will still however give you credit for the expensive banishment and punishment process I deduct a further 6 months, leaves 12 months in prison.
10. No other deductions Tony can be applied to your case. On each charge convicted and sentenced to 12 months in prison concurrent term. Any time in custody awaiting sentence to be deducted.
    

JUSTICE NELSON