Police v Taleo [2016] WSSC 115 (15 July 2016)

SUPREME COURT OF SAMOA
Police Taleo [2016] WSSC 115

Case name:	Police v Taleo
Citation:	[2016] WSSC 115
Decision date:	15 July 2016
Parties:	POLICE v PANITALEO TALEO male of Fasitoo-uta (Defendant)
Hearing date(s):	-
File number(s):	S1092/16, S1093/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	For the offence of unlawful sexual intercourse you are convicted and sentenced to 2 years and 6 months imprisonment, each sentence to be served concurrently. For the two charges of indecent assault you are sentence to 6 months imprisonment to be served concurrently. You are sentenced to prison for 2 years and 6 months less time spent in custody.
Representation:	F Ioane for prosecution
	Unrepresented
Catchwords:	Sexual connection – indecent act – intimate relationship – aggravating and mitigating factors – imprisonment term.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

S1092/16, S1093/16

BETWEEN:

POLICE
Prosecution

AND:

PANITALEO TALEO male of Fasitoo-uta
Defendant

Counsel:
F Ioane for prosecution
Unrepresented

Sentence: 15 July 2016

S E N T E N C E

1. The accused pleaded guilty to 36 charges of having sexual connection with a girl under 21 years, that girl was living with the accused as a member of his family.
2. He also pleaded guilty to two charges of doing an indecent act on the same girl.
3. The prosecution has since withdrawn 18 informations charging the defendant with having sexual connection. He now stands to be sentenced on 18 charges of sexual connection with a member of his family and two charges of indecent assault.

Offending

4. According to the summary of facts, the offending commenced in May 2015 when the girl’s mother was away from the family home in the evening. The young girl then aged 13 was one of the daughters of the defendant’s wife from a previous relationship. The relationship between the accused and the young girl started with kissing and fondling. It developed into full sexual intercourse when the circumstances allowed them to do so. The offending was exposed when the young girl got pregnant and gave birth.
5. The accused told the Probation Service that his offending commenced in 2013 when the young girl displayed sexual and flirtatious conduct towards him and when he confronted her, the girl confessed her love for him. Their intimate relationship commenced from then on until she became pregnant.

Accused

6. The accused is 40 years of age. He has very limited education and has been a planter all his life. As a result of his offending he has been banned from his village. According to the testimonial by his religious leader, the accused is a lay preacher and a trustworthy lay preacher.

Discussion

7. The purpose of the sentence that I intend to impose is to:
   • (i) denounce the offending against young girls – the sentence must convey denunciation by society of sexual abuse against young girls within their own homes. Every young child is quite entitled to expect that within her own home she would grow to maturity without any form of abuse from those who were supposed to protect her.
   • (ii) to protect young girls from themselves, from their immaturity and inexperience.
   • (iii) sentence must also deter the offender and other like-minded men like him and to reflect the seriousness of the offending.
8. To consider the appropriate starting point, the Court must look at the aggravating and mitigating factors of the offending.
9. The aggravating features of your offending are the age disparity which is 25 years between yourself and the young girl. There is also an abuse of trust, you were a father figure to this young girl. There is also the vulnerability of this young girl who looked upon you as a father and a protector. There is also the impact of your offending not only physically but also emotionally upon this young girl. There is also the uncertainty in her future and the future of her baby.
10. Considering the aggravating features of your offending I consider 5 years as the appropriate starting point. For your early guilty plea I will deduct 18 months. For the village fine and the banishment imposed upon you I will deduct 6 months. For your previous good record and your obvious remorse I will deduct 6 months.
11. For the offence of unlawful sexual intercourse you are convicted and sentenced to 2 years and 6 months imprisonment, each sentence to be served concurrently. For the two charges of indecent assault you are sentence to 6 months imprisonment to be served concurrently. You are sentenced to prison for 2 years and 6 months less time spent in custody.

JUSTICE VAAI