Police v Iloa [2016] WSSC 40 (31 March 2016)

IN THE SUPREME COURT OF SAMOA
Police v Vaela’a ILOA [2016] WSSC 40

Case name:	Police v Vaelaa ILOA
Citation:	[2016] WSSC 40
Decision date:	31 March 2016
Parties:	Police (Informant) and Vaela’a Iloa, male of Tufulele (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusāmanaia Justice Mata Tuatagaloa
On appeal from:
Order:	The defendant is therefore convicted and sentenced as follows: • 40 hours + six months’ supervision for the indecent assault against Eseta Tani, a girl under 16 years of age; and • Three months’ supervision for the indecent assault against the mother, Molini Alema. • The supervision terms are to be concurrent.
Representation:	Ms L Sio for the Prosecution Defendant in Person
Catchwords:	Indecent assault – two victims (one under 16 years) – breach of trust – first offender – non-custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 ss. 59(3); 60;
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

VAELA’A ILOA, male of Tufulele
Defendant

Counsel:
Ms L Sio for the Prosecution
Defendant in Person

Sentence: 31 March 2016

SENTENCING OF JUSTICE TUATAGALOA

1. The defendant appears for sentence on two charges of indecent assault committed on the following days:
   • On 18 April 2015, the defendant indecently assaulted Eseta Tani, a female under 16 years’ old of Tufuiopa under s. 59(3) Crimes Act 2013; and
   • Between 1^st and 31^st May 2014, the defendant indecently assaulted Molini Alema a female also of Tufuiopa under s. 60 Crimes Act 2013.
2. The defendant after hearing of the evidence was found guilty of the two charges above and not guilty of one charge of indecent act.
3. The penalty for the indecent assault upon the under 16 year old victim under s. 59(3) is maximum seven years’ imprisonment; while the penalty for indecent assault under s. 60 is maximum of five years’ imprisonment.
4. The defendant was a friend of the victim Molini Alema’s son. The defendant at the time of the offending was living with the victim’s family at Tufuiopa.
5. On 18 April 2015 at sometime during the night the victim Eseta Tani was sleeping on a clothes trunk (pusa ofu taatitia) when someone woke her up. She woke up and the defendant touched her on the breast and kissed her on the lips. She clearly saw it was the defendant because the light in the kitchen was on. She was also able to know it was the defendant because the defendant has a tattoo on one of his arms.
6. Between 1^st and 31^st May 2014, the victim Molini Alema was sleeping when the defendant during the night touched her on the breast. She woke up thinking it was her husband and saw it was the defendant. She swore at him but the defendant smiled at her and went to sleep.
7. The victim Molini Alema told her daughter-in-law of what happened. The victim Eseta Tani told her mother Molini of what the defendant did to her. It was then that the mother/victim Molini Alema decided to lay complaints against the defendant.
8. The victims are mother and daughter. The mother, Molini, is 36 years’ old and her daughter, Eseta, was 15 years’ old at the time of the offending.
9. The accused is 25 years’ old of Tufulele. He is a friend of the victim Molini’s son. The son and the defendant were both in the Siva Afi dance troupe. The defendant had been living with the victim’s family for about a year.
10. The only aggravating feature of this offending is the breach of trust. The accused was treated as one of the family by the victims but he had abused this relationship by what he did.
11. The only mitigating feature is the defendant’s first offender status which is an indication of previous good character.
12. The indecent assault offending is at the lower end of the scale and a custodial sentence is not appropriate. The two weeks the defendant was remanded in custody to await sentence is enough time in prison to give the defendant a taste of what prison life is like should he choose the criminal pathway but it is not enough to make him fully accountable for his behaviour.
13. The defendant is therefore convicted and sentenced as follows:
    • 40 hours + six months’ supervision for the indecent assault against Eseta Tani, a girl under 16 years of age; and
    • Three months’ supervision for the indecent assault against the mother,
      Molini Alema.
    • The supervision terms are to be concurrent.

___________________________
JUSTICE TUATAGALOA