Police v Mino [2015] WSSC 242 (7 December 2015)

IN THE SUPREME COURT OF SAMOA
Police v Mino [2015] WSSC 242

Case name:	Police v Mino
Citation:	[2015] WSSC 242
Decision date:	07 December 2015
Parties:	POLICE (Prosecution) MINO, male (Defendant)
Hearing date(s):	-
File number(s):	S3167/15, S3168/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On each of these charges convicted and sentenced to 3 years in prison but terms are to be served concurrent to each other. However the 3 year term is to be cumulative to the present term of imprisonment you are serving for rape.
Representation:	F Ioane and Mr Tumua 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:

POLICE
Prosecution

AND:

MINO, male
Defendant

Counsel: F Ioane and Mr Tumua for prosecution
Defendant unrepresented

Sentence: 07 December 2015

SENTENCE

1. The defendant is a 52 year old married male. He is currently serving a 10 year prison term for the rape of his 11 year old daughter. The present offending before the court occurred on the 6^th of September 2015 when the defendant was granted weekend parole from Tafaigata Prison.
2. The police summary of facts which the defendant has accepted says the victim is a 15 year old female attending Year 10 at a local college. Her name and other personal details will be suppressed from publication because of her young age and because she is a victim of sexual offending.
3. On Sunday, 6 September the defendant went to the victims family at Moataa because of his daughters wedding to the victims cousin. In the early hours of the next day the victim was asleep inside the living room of the house where the defendant was staying. The defendant was sleeping in the same room. The victim was wearing a blue shirt and some blue shorts. But the zip on the victims shorts were damaged and the front part of the shorts were held together by a button.
4. The defendant approached the victim while she was sleeping, sat down next to her, reached inside her pants and rubbed her vagina through her panty. This caused the victim to awake. She slapped the defendants hand away. The police summary of facts also says the defendant gave the victim $5 which the victim threw back at him. The defendant then walked away from the victim.
5. He waited until the girl went back to sleep and then approached her again. This time he reached inside her shirt and touched her breasts through her bra. This caused the victim to again wake up and the defendant stood up and walked off. Eventually the defendant went to sleep at which point the victim was then able to rest. Later that morning the victim told her aunty about what the defendant had done. The aunty reported the matter to the police.
6. As a result of these actions the defendant has pleaded guilty to two charges of sexual conduct with a young person. Each charge carrying a maximum penalty of 7 years in prison.
7. It is clear the defendant is a repeat sexual offender. Had there been a Sex Offenders Register upon which the defendant was required to register and which would have monitored his activities post-release, perhaps this offending may not have been able to occur. As the defendant would have been subject to strict conditions in terms of being alone in the company of young females. Like his previous matter the complainant was a young girl, here she was aged 15 years.
8. When cases like this come before the court one cannot help but wonder also about the effectiveness of sexual rehabilitation programs that are supposedly being undertaken for offenders while in prison at Tafaigata. Perhaps the problem is there are no such programs being undertaken. Which should be a concerning state of affairs because all sex offenders even the worst of them must eventually be released back into the community after they have served their terms.
9. There is no question the defendant must serve a further term of imprisonment for this offending. The message to him and others like him must be unequivocal and clear. Either you control your impulses and behaviour or you will return to prison. Where society will be protected from you albeit only for a short period of time.
10. The maximum penalty for these charges against you is 7 years in prison Mino. Considering the relevant circumstances of the matter I accept the prosecution submission of a 3 year start point for sentence. That must be upgraded to 4 years because of your record. You are entitled to a deduction for your guilty plea because that has saved the valuable time and resources of the court and the police. And because it has avoided the young girl having to testify in open court about an obviously unpleasant experience. For that I deduct one-quarter of your term namely one (1) year leaves a balance of 3 years. There are no other deductions Mino I make from your sentence.
11. On each of these charges convicted and sentenced to 3 years in prison but terms are to be served concurrent to each other. However the 3 year term is to be cumulative to the present term of imprisonment you are serving for rape.
    

JUSTICE NELSON