IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TOAFA IELAFI
male of Faleseela,
Lefaga & Lalovaea.
Accused

Editor's note: Sentence by Sapolu CJ

Counsel: L M Sua-Mailo for prosecution
Accused in person 

Sentence: 25 February 2008

SENTENCE

The charge

1. The accused appears for sentence on one count of indecent assault which carries a maximum penalty of 7 years imprisonment. To the charge the accused has pleaded guilty at the earliest opportunity.

The offending

2. The accused who is a 30 year old male and the victim who is an 11 year old female live in the same household at Lalovaea. The accused is married to a cousin of the victim so that he and the victim are related.

3. On Saturday 10 November 2007 at around 3am in the morning, the accused returned home from work drunk. He approached where the victim and her sister were sleeping and fondled the victim’s breasts and buttocks until the victim’s sister awoke and scolded him.

The accused

4. The accused is a first offender. He is married with three young children aged between 2 and 6 years. His wife and children depend on him for their maintenance. Because of this offence, the victim has moved elsewhere to stay.

5. The accused has expressed remorse for his offending. He says it was the influence of alcohol that made him commit this offence.

6. The mother of the victim has also written to the Court saying that the matter has been settled between the two sides and she has forgiven the accused.

The victim

7. According to the victim impact report, since this incident, memories of it have haunted the victim and make her frightened as this was the first time something like this has happened to her. She now feels hatred towards the accused and does not want to see him again.

Aggravating and mitigating factors

8. The young age of the victim, the age difference of 19 years between the accused and the victim and the fact that she was living in the same household as the accused as a cousin of the accused’s wife are the aggravating features of this case. In favour of the accused as a mitigating feature is his plea of guilty at the earliest opportunity. This matter has also been settled.

The decision

9. I have to say that the offending in this case, though bad and inexcusable, is not as serious as many of the cases of sexual indecencies that have come before the Court. Only one incident of indecency is also involved in this case. I also take into account for the purpose of determining sentence the aggravating and mitigating features as well as the general need for deterrence in this type of case.

10. In weighing all those matters, the accused is convicted and sentenced to 9 months imprisonment. The total period during which the accused has been remanded in custody is to be deducted from that sentence.

CHIEF JUSTICE

Solicitors
Attorney General’s Office, Apia for prosecution