Police v Sulusi [2021] WSSC 85 (16 December 2021)

IN THE SUPREME COURT OF SAMOA
Police v Sulusi [2021] WSSC 85 (16 December 2021)

Case name:	Police v Sulusi
Citation:	[2021] WSSC 85
Decision date:	16 December 2021
Parties:	POLICE (Prosecution) v LINO SULUSI, male of Vaitele-uta, Falefa & Avao Savaii (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Leilani Tuala-Warren
On appeal from:
Order:	The accused is convicted of assault with intent to commit sexual violation and sentenced to 1 year and 2 months imprisonment. The accused is convicted of burglary and sentenced to 10 months imprisonment. Both sentences to be served concurrently. Any time spent in custody to be deducted.
Representation:	V. Faasii for Prosecution P. Itula for the Accused
Catchwords:	Assault with intent to commit sexual violation – burglary – home invasion – threat to kill – custodial sentence.
Words and phrases:
Legislation cited:	Crimes Act 2013, ss. 53(2); 174.
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E

Prosecution

A N D

LINO SULUSI male of Vailele-Uta, Falefa and Avao Savaii.

Accused

Counsel: V Faasii for Prosecution

P Itula for the Accused

Sentence: 16 December 2021

SENTENCE

The charges

1. The accused appears for sentence on two charges, one charge of assault with intent to commit sexual violation pursuant to s.53 (2) of the Crimes Act 2013, which carries a maximum penalty of 14 years imprisonment, as well as one charge of burglary pursuant to section 174 of the Crimes Act 2013 which has a maximum penalty of 10 years imprisonment.
2. He pleaded guilty to the charges on 10 December 2021 after a ruling was made that his cautioned statement was admissible.

The offending

3. The Prosecution summary of facts accepted by the accused is that on the morning of 2 October 2020 at Vailele between 2-3am, the victim and her 3 year old son were sleeping. The accused broke into her home, walked into her room and threatened her not to make any noise or he would shoot her. The accused then embraced the victim, kissed her, touched her vaginal area from outside her panty, lay on top of her and sucked her left breast. He stood up to take off his shorts when the victim’s son started to cry. The victim was pinching her son’s leg to wake him so that her mother would hear him cry. The accused was telling her to calm her son and went to get him a glass of water. Once her was outside the room to get the water, the victim closed the door and yelled out to her mother for help. Her mother woke and the accused fled the scene.
4. The accused is a first offender with pending matters in this Court and the District Court.

The accused

5. As shown in the pre-sentence report, the accused is 21 years old. He is single and was employed by his uncle until he was charged.
6. His father supports him saying he is a regular churchgoer and an obedient son. The accused has written a letter to the Court expressing his remorse.

The victim

7. The victim says in her impact report that she was worried for her child when this occurred. She said she feared for both their lives because the accused threatened to shoot her if she screamed. She says he had something wrapped in a cloth which made her believe his threat. She says she continues to be haunted by what happened especially when the lights go out at night. She has moved out of the room where the offending occurred.
8. Her concern is that she is neighbours with the accused and therefore says she does not feel safe in the area.

Aggravating features of the offending

9. The aggravating features are that this was a home invasion, it occurred while a child was present, and there was a threat to kill. The effect on the victim has been significant. She does not feel safe anymore and cannot forget what happened.

Mitigating Factors

10. I take into account his belated guilty plea, his personal circumstances as relayed through Counsel, his age and his remorse.

Discussion

11. Prosecution submits that a starting point of 5 years imprisonment is appropriate.
12. Defence Counsel submits that a starting point of 4 is more appropriate.
13. The sentence imposed today is a sentence of deterrence and to ensure the protection of the community and in particular people in their own homes where they have a right to feel safe.
14. Having therefore considered the aggravating features relating to this offending, I take the starting point at 3 ½ years imprisonment. I deduct 12 months for his personal circumstances and age, 6 months for his remorse and 10 months for his guilty pleas.

The result

15. The accused is convicted of assault with intent to commit sexual violation and sentenced to 1 year and 2 months imprisonment.
16. The accused is convicted of burglary and sentenced to 10 months imprisonment.
17. Both sentences to be served concurrently.
18. Any time spent in custody to be deducted.
    

JUSTICE TUALA-WARREN