IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

ESAU SEFO
male of Vaimoso
Defendant

Presiding Judge: Justice Vaai

Counsel: T Faumuina and L Su’a for prosecution
D Clarke for defendant

Sentence: 16 September 2009

SENTENCE

Defendant on the 5th August 2009 a panel of assessors found you guilty of rape and of assault. Exercising the discretion given to me under the Criminal Procedure Act; I reversed the conviction on rape and confirmed the conviction on the charge of assault. 

For that charge of assault you now appear for sentence. The facts surrounding the offence have already been heard by this court. The assault that was committed by you was not as serious as the other assaults that normally come before the court. Since that offence you have according to the probation report taken a wife and has a 2 month year old son. 

My attention has just been drawn to your previous conviction card. You have convictions in 2004 and 2006. For the 2006 offence of theft you were convicted and placed on probation for 15 months and order to do 60 hours community service. It seems to me on the facts that the only motive for you assaulting the complainant was because you saw the complainant with a girl that you had had an affair with earlier. 

I am satisfied from the probation report before me that there has been a change in your life since this offence and that you are in a position to pay a fine. For this offence you are convicted and fined $200 tala to be paid forthwith in default 2 weeks imprisonment. 

JUSTICE VAAI