Police v I'u [2015] WSSC 151 (15 June 2015)

IN THE SUPREME COURT OF SAMOA
Police v I’u [2015] WSSC 151

Case name:	Police v I’u
Citation:	[2015] WSSC 151
Decision date:	15 June 2015
Parties:	The Police (Prosecution) I’u I’u, male of Vaiafai Iva. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of attempted rape you are accordingly convicted and sentenced to 5½ years in prison. In respect of each of these charges involving the burglary and theft making the appropriate allowances for mitigating factors convicted and sentenced to 6 months per charge. Each charge will be served concurrently but the burglary and theft charges are cumulative to the attempted rape matter. It is cumulative I’u because it is a separate offence and kind of offending. Which means you will serve for this matter 6 years in prison but your remand in custody time is to be deducted from that term.
Representation:	Ms Amosa 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:

THE POLICE
Prosecution

AND:

I’u I’u, male of Vaiafai Iva.
Defendant

Counsel: Ms Amosa for prosecution
Defendant unrepresented

Sentence: 15 June 2015

SENTENCE

1. The defendant has pleaded guilty to one charge of assault with intent to commit sexual violation; one count of burglary; one count of intentional damage; one count of aggravated burglary and one count of theft. The police summary of facts which he admitted this morning says he is a 23 year old male of Vaiafai and Iva Savaii, is a planter. The victim is a 15 year old female of a neighbouring village, attending school and lives together with her aunty who also runs a small shop attached to their house. The usual suppression order will issue in respect of the publication of the details of the young girl in this matter.
2. The summary says that on the 11 April 2015 between 9:30 and 10:00 o’clock at night the defendant broke into the complainants house. He used a hammer and a machete to cut open the screen wire and removed three louvers of the sitting room windows. At that time the young girl was asleep alone in one of the rooms. The defendant walked into the house and entered the room where the young girl was sleeping. The young girl woke up and the defendant grabbed her around the neck. He told her not to make any noise and to co-operate otherwise he will kill her. The girl tried to scream and the defendant punched her on the left side of her eyes. The girl became in fear of her life and did not scream again but she moved off the bed and hid between the bed and a nearby dressing table. The summary then says the defendant removed his underwear and shorts and walked towards the victim, grabbed her by the hands and pulled her closer to him. The girl struggled and punched his hands and tried to get away.
3. At this time the victims aunty arrived home. This caused the defendant to stop what he was doing, grab an ie lavalava and run away. The aunty came into the room and saw the victim crying. The victim explained what the defendant had tried to do. The aunty took the girl to hospital to treat her injured eye.
4. While the aunty and the girl were at hospital the defendant returned to the house. Again broke into the house by cutting the screen wire this time at the back of the shop, entered and stole $150.00 in cash together with some bottles of spirits and beer, cigarettes, some chips, twisties, sandals and packets of kava. Total value of the goods $1,021.60. He put all the goods in a brown box and carried it outside the house. While he was doing this he was noticed by the next door neighbour. The neighbour intervened and chased the defendant away, leaving the box with the goods outside the shop. I infer from that the goods were subsequently returned to the owner of the shop the victims aunty.
5. I will deal firstly with the most serious of the charges against the defendant the charge of attempted rape of the 15 year old victim. This is a home invasion offence in that the defendant broke into the house where the girl was sleeping late at night. The girl was alone and vulnerable and the facts show the defendant attacked and tried to rape her. It was only the girls aunty coming home that stopped what the defendant was doing.
6. The maximum penalty for this offence I’ u of attempted rape is 14 years in prison. However I agree with the prosecution that considering the circumstances an 8 year start point for sentence is appropriate. But from that start point you are entitled to certain deductions which I will now make on your behalf. For your guilty plea one-quarter of sentence deduction namely 2 years, leaves a balance of 6 years. You have a good background as outlined in the pre-sentence report. That speaks of your tautua to your aiga and family. Your activities and you are well spoken of by people of your family. You also have a clean criminal record. For those factors I will deduct 6 months from your sentence leaves a balance of 5½ years in prison. There has been no ifoga in this matter and I note no village council penalty according to the documents before the court. So no other deduction can be made in respect of this charge I’u.
7. On the charge of attempted rape you are accordingly convicted and sentenced to 5½ years in prison.
8. On the charge of burglary and theft from the auntys shop of some $1,000 worth of goods. I note that was brazen offending that occurred while the aunty had taken the girl to hospital to treat her injury. But as referred to earlier the goods were returned as the neighbour intervened. So the only real damage is the wilful damage to the screen wire of the premises.
9. In respect of each of these charges involving the burglary and theft making the appropriate allowances for mitigating factors convicted and sentenced to 6 months per charge. Each charge will be served concurrently but the burglary and theft charges are cumulative to the attempted rape matter. It is cumulative I’u because it is a separate offence and kind of offending. Which means you will serve for this matter 6 years in prison but your remand in custody time is to be deducted from that term.
   

JUSTICE NELSON