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Crown v Pou [2015] TVHC 1; HC Crim Case 1.14 (12 March 2015)

IN THE HIGH COURT OF TUVAU
At Funafuti
Criminal Jurisdiction

HC. Crim. Case no. 1/14

Between:

Crown

v

Semi Pou
Respondent

BEFORE THE JUDGE

Mr. Asterio Takashi prosecuting.
Ms. Corinna Ituaso Laafai defending.

Remarks on Sentencing

Semi Pou: You were first charged with rape and also with indecent assault. Upon arraignment you pleaded guilty to the indecent assault and the prosecutor did not go on with the charge of rape.

The indecent assault occurred towards the end of 2009 on a far outer island, Nanumea. The victim, Rester then a girl of 14, is your step daughter. You were at this time aged 36. One night you got on to a bed where Rester was sleeping. You first touched her on the breasts and then moved down her body and finally inserted two fingers in her vagina. It is agreed she did not consent to what you were doing and managed to break free. As a matter of law it wouldn't have mattered whether she consented or not but it is important when considering penalty.

Some years later, Rester came to live on Funafuti.

It was a serious indecent assault and must mean a significant period of imprisonment. However there are mitigating circumstances agreed by both your lawyer and the prosecutor.

First it has taken a long time to come to court. I first had to consider the case at the last sittings of the court (HC. Crim. App no. 2 of 13) I accept that no one may be blamed for the delay yet all this time it has been hanging over your head and over the family.

Secondly you are all now reconciled: Rester has married and had a son.

Thirdly your wife, Rester's mother, is dependent on you because of her kidney and other health problems.

Finally, you have no previous convictions and have pleaded guilty. Both counsel have agreed that you should not go to gaol and I accept that.

You are sentenced to imprisonment for one year but the sentence will be suspended for one year. If you will promise during that time to be of good behaviour. Provided you do not commit an offence in the next 12 months you will not have to serve this sentence of imprisonment but if you do commit another offence within the next 12 months you will be liable to punishment for it and also to serve this term of 12 months imprisonment as well.

Do you understand?

Do you promise to be of good behaviour?

Date 12th day of March 2015.

_____________________
Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU