Police v Su'a [2015] WSSC 181 (27 October 2015)

IN THE SUPREME COURT OF SAMOA
Police v Su’a [2015] WSSC 181

Case name:	Police v Su’a
Citation:	[2015] WSSC 181
Decision date:	27 October 2015
Parties:	Police (prosecution) and Amosa Su’a male of Moataa and Nuusuatia (defendant)
Hearing date(s):	-
File number(s):	S355/15, S870/15, S871/15, S324/15, S235/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	Served 17 years imprisonment less any time already spent in custody.
Representation:	F Ioane for prosecution P Mulitalo for defendant
Catchwords:	Rape –indecent assault – attempted sexual violation – aggravating features - imprisonment term
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

AMOSA SU’A male of Moataa and Nuusuatia
Defendant

Counsel: F Ioane for prosecution
P Mulitalo for defendant

Sentence: 27 October 2015

S E N T E N C E

1. Defendant you began offending against your younger daughter in 2008 when she was 15 years by indecently assaulting her when her mother, your wife, was away at work. The indecent assault took place inside the family home. While she was asleep, you massaged her breasts. When she woke up and questioned your intentions you responded by threatening to kill her if she speak to anyone about what you did. She did not tell anyone.
2. The first offence of rape took place in 2009 between the months of May and July. While your wife was at work you instructed your younger daughter and your son to go with you to collect firewood. You then sent your son home with the first load of firewood and you immediately wrapped your arms around your daughter. As she struggled with you she pleaded with you that she was your daughter.

You responded by threatening to cut her with the machete if she did not comply. You then removed her clothes, sucked her breasts, fondled her vagina and proceeded to rape her. You ignored her cry from the physical pain. You only stopped after you ejaculated. You robbed her of her virginity and dignity. She did not tell anyone through fear of the threat.

3. The second offence of rape on the same younger daughter was also between the months of May and July 2009, while your wife was at work. You entered her bedroom in the afternoon while she was asleep. You fondled her, forcefully removed her clothes, then you proceeded to rape her despite her cries.
4. Your younger daughter fell pregnant but she remained quiet. She was too scared to tell her mother or anyone else what you, her father, had done to her. Presumably also, she was too embarrassed to tell anyone, that her father is also her child’s father. In 2010 your younger daughter went and stayed with your wife’s family at Fasitoo where she gave birth to your child.
5. She returned to Moata’a in January 2015. She was then 21 years. At that time your other daughter who was living elsewhere was also living with you. She was 18 years. On the morning of the 19^th January 2015 while your younger daughter was asleep you went to her room and fondled her breasts. When she awoke she asked you if you were going to continue with your sexual act again. You quickly apologised and left.
6. In the early morning of the 21^st January 2015 you went to the bedroom where both your daughters were asleep. You laid beside your 18 year old daughter and hugged her. When she tried to sit up you forced her down. Unlike your younger daughter, your 18 year old daughter was determined to fight and resist your sexual advances. Her screams caught the neighbours’ attention. Police were notified the same day.
7. At the tender age of 15 you introduced your younger daughter to her first sexual experience. She will always remember it as an experience of fear, of force, of abuse and confusion. Because of her natural dependency on you as her biological father, she was in a most vulnerable position as she, like every other child looked upon you as her protector and provider.
8. She, like every other young girl is entitled to expect that within her own family, she would grow to maturity unmolested and undefiled by the lust of a father like you. What she once respected as a father will be a constant reminder to her of pain and embarrassment. That embarrassment will spread onto her son, your child, who will no doubt discover the identity of his real father. The same embarrassment has undoubtedly been shared by your wife and your children and your extended family.
9. You are 57 years of age, married with 8 children.
10. The sentence should express denunciation by society of sexual abuses on young children. A lengthy custodial is warranted to reflect the gravity of the offence and to deter other like minded men.
11. Given the aggravating features of the offending, in particular the violence, vulnerability of the young girl, the abuse of trust, the pregnancy and the premeditation, I consider 20 years as the appropriate starting point for each rape charge. I deduct 3 years for your guilty plea. On each rape charge you are sentenced to 17 years imprisonment to be served concurrently and less any time spent in custody.
12. For the two counts of indecent assault you are sentenced to two years imprisonment on each count to be served concurrently with the rape charges.
13. For the offence of attempted sexual violation you are sentenced to 7 years imprisonment to be served concurrently.
14. Your counsel acknowledged that a lengthy term of imprisonment is inevitable. He did submit however that the court should impose special conditions as part of your custodial sentence. Those conditions would require the prison management personnel to provide you with certain therapies inside the prison.
15. This court however does not possess the jurisdiction to make such orders.
16. You will serve 17 years imprisonment less any time already spent in custody.
    

JUSTICE VAAI