Police v Lautasi [2015] WSSC 271 (6 October 2015)

SUPREME COURT OF SAMOA
Police v Lautasi [2015] WSSC 271

Case name:	Police v Lautasi
Citation:	[2015] WSSC 271
Decision date:	06 October 2015
Parties:	Police (prosecution) v Ronnie Tuugasolo Faavale Tuiloma Lautasi, male of Levi Saleimoa
Hearing date(s):
File number(s):	S2355/15, S2356/15, S2357/15, S2358/15 and S2359/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Ema Aitken
On appeal from:
Order:	In the circumstances, in respect of each charge, you are convicted and sentenced now to twelve months of supervision. You will undertake 80 hours of community work and you will obey all of the instructions of your probation officer. And those instructions can include who you can associate with.
Representation:	O Tagaloa for prosecution Defendant in person
Catchwords:	Unlawful sexual connection with a young person under the age of sixteen
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

RONNIE TUUGASOLO FAAVALE TUILOMA LAUTASI, male of Levi Saleimoa.
Defendant

Counsel: O Tagaloa for prosecution

Accused - unrepresented

Sentence: 06 October 2015

ORAL SENTENCE OF JUSTICE E M AITKEN

1. You pleaded guilty to five charges of unlawful sexual connection with a young person under the age of sixteen. At the time this happened you were seventeen and the girl was fifteen and a half.
2. You were in what you both described as a boyfriend and girlfriend relationship, and on a number of occasions she came to your home. On five specific occasions the two of you had sexual connection late at night at your home. It seems unlikely that your families were aware of the extent of your relationship.
3. But in time the victim’s father became aware of what was going on and the police were involved. There is a detailed victim impact report from Jane or Fu’a. In that report she says she does not blame you for what happened. She says she is happy and that she was at the time in love with you or is now in love with you. She’s now sixteen and certainly it is fair to observe that there is nothing in the victim impact statement that suggests that she is likely in the future to suffer any adverse psychological or emotional harm.
4. Unusually the victim’s mother is in Court and has confirmed to me personally that her daughter does not appear to be suffering any long term adverse consequences. Your parents are also present in Court and that indicates to me that you continue to have good family support.
5. I regard as very important the fact that there has been a full reconciliation between the two families. And important that both your parents, and in particular the victim’s parents, ask the Court to be merciful today. Ronnie, the purpose of a law that makes it an offence to have sexual intercourse with the girl under sixteen is really there to protect girls. And it is very common for men who have sexual intercourse with girls under sixteen to go to prison for that behaviour.
6. However, in your case you were seventeen and she was fifteen and a half years old. There is very little difference in the ages between the two of you and it is likely in my view that you were of a similar age in terms of your emotional development. It is difficult to anticipate that there will be any long term harm to the victim and of course you have been forgiven by her and her family.
7. Both her parents and your parents want the chance for you both to finish your education. I am also of the view that a harsh penalty imposed in respect of you is likely to have an adverse impact on the victim. You are only eighteen now and you are enrolled in your first year at the Fine Arts School. For all of those reasons, there is no public interest in a term of imprisonment. You are obviously a talented young man, you have your whole life in front of you and as I’ve observed, if I were to send you to prison, given the affection that Jane has for you, it is likely that will adversely impact on her.
8. In the circumstances, in respect of each charge, you are convicted and sentenced now to twelve months of supervision. You will undertake 80 hours of community work and you will obey all of the instructions of your probation officer. And those instructions can include who you can associate with.

_____________________

JUSTICE E M AITKEN