Police v Leofo [2019] WSSC 12 (28 March 2019)

IN THE SUPREME COURT OF SAMOA
Police v Leofo [2019] WSSC 12

Case name:	Police v Leofo
Citation:	[2019] WSSC 12
Decision date:	21 March 2019
Parties:	POLICE (Informant) and IUTA LEOFO, male of Saleaula & Sataua, Savaii (Accused)
Hearing date(s):	11 March 2019
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	Convicted and sentenced as follows: (i) Sexual connection with a defendant family member under 21 years old: 2 ½ years’ imprisonment; (ii) Indecent act on a family member under 21 years’ old: 2 ½ years’ imprisonment; (iii) Armed with a bush knife: 6 months’ imprisonment; and (iv) Assault: 3 months’ imprisonment. All sentences to be served concurrently.
Representation:	F. Ioane for Prosecution Accused appears in Person
Catchwords:	indecent act - sexual connection by digital penetration – assault – armed with a dangerous weapon – sexual connection with a dependent member of the family
Words and phrases:
Legislation cited:	Crimes Act 2013 ss. 56(1); 56(6); 123 Police Offences Ordinance 1951 s. 25.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Informant

AND:

IUTA LEOFO male of Saleaula & Sataua, Savaii
Accused

Counsel: F. Ioane for Prosecution
Accused appears in Person
Date: 21 March 2019

S E N T E N C E

1. Today you appear for sentence after having been found guilty of the two offences of indecent act^[1] of rubbing your daughter’s breasts (victim); and sexual connection by digital penetration of your daughter’s vagina.^[2] These two offences each have a maximum 14 years’ imprisonment.
2. You are also to be sentenced on two other charges you have already pleaded guilty to of assault^[3] (holding onto your daughter’s hair); and being armed with a bush knife.^[4] The offence of assault and being armed with a dangerous weapon carries a maximum 12 months’ imprisonment term each.
3. The facts or background of this offending have been established by this Court after the hearing of this matter. Suffice to say briefly that you committed the sexual offending and indecent act to your own daughter when you went to where she was sleeping in the early hours of the next day. You committed the offending while your wife (victim’s mother) was sleeping 5-10 meters from the victim.
4. A couple of days later when the victim mentioned to you that she had told her brother about what you did, you grabbed her. Your behaviour as a father shows extreme moral turpitude on your part. It goes against the principles and values deeply ingrained in the life of a Samoan deriving from the three tiers or foundations focal to the Samoan way of life – Christianity, culture and family.
5. You deserve to be incarcerated. In sentencing I will adopt the totality approach and look at the more serious offending of sexual connection with a dependent member of the family and indecent act and adopt 3 years starting point. Six (6) months is deducted for first offender status, this leaves 2 ½ years.
6. For the offending of assault and armed with a dangerous weapon the Court imposes three (3) months’ imprisonment for assault; and six (6) months for being armed with a bush knife.
7. The accused is convicted and sentenced as follows:
   • (i) Sexual connection with a defendant family member under 21 years old: 2 ½ years’ imprisonment;
   • (ii) Indecent act on a family member under 21 years’ old: 2 ½ years’ imprisonment;
   • (iii) Armed with a bush knife: 6 months’ imprisonment; and
   • (iv) Assault: 3 months’ imprisonment.
8. All sentences to be served concurrently.
   

JUSTICE TUATAGALOA

---

^[1] Crimes Act 2013 s. 56(6).
^[2] ibid. s. 56(1).
^[3] ibid. s. 123.
^[4] Police Offences Ordinance 1951 s. 25.