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Supreme Court of Samoa |
IN THE SUPREME COURT OF SAMOA
Police v SF [2023] WSSC 63 (06 September 2023)
Case name: | Police v S.F |
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Citation: | |
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Decision date: | Oral: 22 August 2023 Written with reasons: 06 September 2023 |
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Parties: | POLICE (Informant) v SF (Accused) |
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Hearing date(s): | |
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File number(s): | |
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Jurisdiction: | CRIMINAL |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Fepulea’i Ameperosa Roma |
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On appeal from: | |
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Order: | On 22 August 2023 I granted the accused’s application to vacate his guilty pleas and made orders that: (a) the accused is allowed to withdraw his guilty pleas to charges no. 1 (sexual violation of V1) and no. 3 (sexual violation of V2) on charging document dated 1 March 2021; (b) charges nos. 2, 4, 5 and 6 on charging document dated 1 March 2021 withdrawn on basis of the accused’s guilty pleas to charges no. 1 and 3 are now reinstated; (c) the matter is adjourned to 28 August 2023 to set a hearing date. |
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Representation: | A. Uele for Prosecution J. Brunt for the Accused |
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Catchwords: | Application to vacate plea – charged of rape – incest – sexual connection – application granted. |
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Words and phrases: | |
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Legislation cited: | Crimes Act 2013, ss. 49(1)(a) & 52(1), ss.56, ss.55. ss.56(1) & 57(a); Criminal Procedure Act 1972, s. 54; Criminal Procedure Act 2016, s. 72. |
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Cases cited: | |
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Summary of decision: | |
IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN
P O L I C E
Informant
A N D
S.F
Accused
Counsel: A. Uele for the Prosecution
J. Brunt for the Accused
Reasons: 06 September 2023
REASONS
(Application to vacate the accused’s guilty pleas)
Introduction
Background
Accused’s Application
Prosecution’s Opposition
Relevant Law
Discussion
Result
JUSTICE ROMA
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URL: http://www.paclii.org/ws/cases/WSSC/2023/63.html