Police v FT [2021] WSSC 92 (23 December 2021)

IN THE SUPREME COURT OF SAMOA
Police v FT [2021] WSSC 92 (23 December 2021)

Case name:	Police v FT
Citation:	[2021] WSSC 92
Decision date:	23 December 2021
Parties:	POLICE (Informant) v FT (Young Person)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	For the above reasons and in accordance with the YOA 2007, you are ordered to: (i) complete 60 hours of community work under the direction and supervision of Probation; (ii) continue to reside with your guardians K.A & M.A; (iii) go back to school; (iv) continue to attend Sunday school and youth group under the supervision of the Bishop; (v) appear in court on 31 March 2022 for judicial monitoring at 12.30pm.
Representation:	V. Faasii for Prosecution V. Afoa for Young Person
Catchwords:	Sexual connection with a child – young offender.
Words and phrases:
Legislation cited:	Crimes Act 2013, s. 58(1); Young Offenders Act 2007.
Cases cited:
Summary of decision:

NOTE: THERE IS A SUPPRESSION ORDER PERMANENTLY SUPPRESSING OR PROHIBITING THE PUBLICATION OF THE NAME OF THE VICTIM AND ANY DETAILS THAT MAY IDENTIFY HER

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

FT, male.

Young Person

Counsel: V. Faasii for Prosecution
V. Afoa for Young Person

Sentence: 23 December 2021

SENTENCE

1. You appear for sentence on one charge of sexual connection with a child contrary to s58(1) Crimes Act 2013. The offence attracts a life imprisonment term. At first you denied the charge but vacated your denial substituted by a guilty plea on the 2^nd November 2021 when trial was due to commence.
2. The victim is a 5 year old female of XY-village who attended the same church as you. On the 25^th March 2021 at XY-village between 5pm and 6pm, you attended a church function. The victim was also there. She went to the ladies’ bathroom with a friend, then came out first and waited for her friend outside near the men’s bathroom.
3. You found her there and led her into the men’s bathroom where you removed her shorts and panties, got your penis out and rubbed it on the victim’s vagina.
4. The victim told her mother what happened. She in turn reported the incident to police.
5. You admitted your offending and how it occurred to Probation.
6. The victim is a five year old female of XY-village. At the time of offending, she was attending Year 2 at XY-village Primary School. There is no victim impact report but I do not doubt the impact of what you did on her physically mentally and psychologically.
7. In the Probation report, her mother confirms that reconciliation has taken place, they have forgiven you and they seek to withdraw their complaint that became the subject of the charge against you.
8. I consider as aggravating features of your offending the very young age of the victim and the impact on her physically, mentally and psychologically.
9. In mitigation I consider in relation to the offending the age disparity of 8 years and the nature of offending, namely that it involved rubbing and therefore the slightest if any penetration of the vagina.
10. I consider further your guilty plea though entered late and the apology rendered on your behalf to the victim’s parents and family.
11. I also consider your personal circumstances. You are aged 13 years and the 5^th of eight children. Your formal education ended at XY-village Primary School, you have plans to continue your schooling and you should. Your biological parents have moved back to Upolu whilst you stayed with a friend’s family. His parents have become your guardians. You are a first offender.
12. Make no mistake FT, this is a serious charge which attracts a life imprisonment sentence. But I am guided in sentencing by the Young Offenders Act 2007 because you were under 17 years of age and therefore a young person at the time of the offending. You are also a young person now.
13. The YOA emphasises the rehabilitation of young offenders and reintegration into the community. Imprisonment is therefore imposed only as a last resort and where there is no other reasonable alternative.
14. I have also reviewed the authorities cited by both prosecution and your counsel who both recommend a non-custodial sentence. I accept that a non-custodial sentence is appropriate and intend to impose conditions in accordance with the sentencing provision of the YOA 2007, the compliance with which will be monitored and have an impact on the final sentence that the court will impose.
15. For the above reasons and in accordance with the YOA 2007, you are ordered to:
    • (i) complete 60 hours of community work under the direction and supervision of Probation;
    • (ii) continue to reside with your guardians K.A & M.A;
    • (iii) go back to school;
    • (iv) continue to attend Sunday school and youth group under the supervision of the Bishop;
    • (v) appear in court on 31 March 2022 for judicial monitoring at 12.30pm.

JUSTICE ROMA