Police v Maiava [2015] WSSC 213 (21 December 2015)

SUPREME COURT OF SAMOA
Police v Maiava [2015] WSSC 213

Case name:	Police v Maiava
Citation:	[2015] WSSC 213
Decision date:	21 December 2015
Parties:	Police (prosecution) and Lemisio Maiava, male of Letogo
Hearing date(s):	-
File number(s):	S836/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Vaai
On appeal from:	-
Order:	The defendant is sentenced to 3 years less any time he spent in custody.
Representation:	O Tagaloa for prosecution S Wulf for defendant
Catchwords:	Sexual violation – calculated and premeditated offence – apology – 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:

LEMISIO MAIAVA male of Letogo.
Defendant

Counsel:
O Tagaloa for prosecution
S Wulf for defendant

Sentence: 21 December 2015

S E N T E N C E

1. The defendant pleaded guilty to the charge of attempted sexual violation of a young girl. He is 24 years of age and the young girl was 15 years at the time and attending school.
2. The victim, was living away from home, she was living with the defendant’s family at Letogo. The victim’s brother was married to the defendant’s sister. It was at night while the victim was sleeping with the defendant’s cousin that the defendant attempted to rape her.
3. It was a calculated and premeditated offence. Considerable amount of force was used by the defendant, he could have succeeded but for the defendant’s cousin who was sleep next to the victim who woke up and caused the defendant to run away.
4. The defendant is unemployed and he is a planter by occupation according to the Probation report before me. An apology has been tendered to the family of the victim by the family of the defendant.
5. The prosecution is seeking a term of imprisonment to commence at 5 years. In considering the appropriate sentence it is obvious that for this kind of offence a term of imprisonment must always be considered, it has become a very prevalent offence.
6. The issue for the court to decide is how long the defendant should be sent to prison for. The worst aggravating feature of the offence, is the considerable amount of force that was used as well as the age of the young girl. I consider 4 years and 6 months to be the appropriate starting point. The defendant is appearing for the first time so he has a previous good record, he entered a guilty plea, and I accept from the Probation Report that he is remorseful.
7. For those factors as well as the apology that has been made I will deduct 18 months from the 4 years and 6 months. The defendant is sentenced to 3 years less any time he spent in custody.

JUSTICE VAAI