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Police v Lemisio [2010] WSSC 105 (27 September 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

AND:

LEMI LEMISIO
aka LEMI LUI,
male of Leauvaa
Defendant

Presiding Judge: Justice Slicer

Counsel: F Lagaaia and T Nelson for the prosecution

Sentencing: 27 September 2010

Charge: Attempted Rape

SENTENCE

1. Lemi Lemisio has pleaded guilty to the crime of Attempted Rape contrary to the Crimes Ordinance 1961, section 48.
   
2. On 15 March 2010, the complainant was returning from the village shop. She is related to Lemi. She is his cousin.
   
3. Lemi assaulted her with a slingshot and a rock. One of the rocks hit her. The defendant came closer to her and took her by the hand. She could see that he had a small knife in his possession. This frightened her more. He told her to go off the track into the bush. She did not wish to do so. He pushed her towards the bush.
   
4. The prosecutor had told the Court that the defendant had told her to undress herself. The girl had given evidence in this Court and said that that was not said. The Court will ignore that portion of the prosecution statement of facts but it will accept that the girl was hit with a stone and that she saw the knife that he had on him. The girl then says that the defendant put the knife and the catapult down and took off his lavalava.
   
5. The defendant has pleaded guilty to the charge of Attempted Rape and he will be punished for that.
   
6. The defendant, Lemi is aged twenty-five and the girl was fifteen. He had abused the trust of one family member for another.
   
7. The Court accepts that this is his first time in Court and has pleaded guilty as soon as he could.
   
8. The pre-sentence report says that Lemi is aged twenty-five, married and has a child. It says that he has been responsible for the care of others and has been a responsible member of his family. But the crime is serious.
   
9. The Court will use as a starting point for the sentence a period of four years, as suggested by the prosecutor but the Court will reduce that because of the defendant's plea of guilty, the performance of ifoga and because this is his first offence.
   
10. The Court accepts that imprisonment will cause harm to the defendant's family but the law provides that the penalty for Attempted Rape is up to seven years imprisonment.
    
11. The Court will make allowance for the mitigating factors concerning the defendant and will sentence him to imprisonment for three years. The imprisonment will commence as and from 12 July 2010.
    

ORDERS

1. Lemi Lemisio is convicted of the crime of Attempted Rape.
   
2. Lemi Lemisio is sentenced to three years imprisonment, such sentence is to commence as and from 12 July 2010.
   

(JUSTICE SLICER)