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Police v Taofinuu [2011] WSSC 13 (14 February 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

MATINI TAOFINUU
male of Sinamoga.
Defendant

Counsels: Ms P Valoia for prosecution
Mr F K Ainuu for defendant

Sentence: 14 February 2011

SENTENCE

This defendant appears for sentence on a charge of rape. The police summary of facts relates that he is a 44 year old male, married with six children and is self employed as a taxi driver. The victim or complainant in this matter is a 21 year old female and at the time of this offence she was only 20 years of age.

The summary states that on Wednesday 23 June 2010 the victim and her friends were drinking alcohol at the On the Rocks bar, one of the establishments at Tauese in Apia. The defendant was part of this drinking session. Later that evening they went to Taumeasina in the defendants car and continued drinking at a house belonging to one of the victims friends. As the victim had enough to drink she decided to go to sleep and went into one of the bedrooms. The defendant however continued drinking with other of her friends in another part of the house. The victim impact report for the victim states that she could not remember what happened next as she was very drunk and essentially passed out in the bedroom. While she was in that condition the defendant entered the bedroom where she was sleeping and raped her.

This case only shows again the danger of young females consuming too much alcohol rendering them in a vulnerable state and easy prey to experienced male predators. The summary states the next day the victim awoke to find herself naked in the bed and felt pain in her vagina. She questioned her friends but no one knew what had happened to her. They probably were all equally too drunk to look out for her. The discovery of the defendants shoes in the bedroom where she had slept led to the defendant who eventually owned up to what he had done.

The matter was reported to the police and that has led to todays defendant appearing for sentence on a charge of rape to which he has pleaded guilty. Maximum penalty for rape under our law is life imprisonment an indication of the seriousness of the offence. The defendants action in having sexual intercourse with the comatose victim is rape because she was not in a position to do anything about what was being done to her. The victim impact report filed in this matter also indicates that the incident has had long term consequence for the victim. She has suffered embarrassment and shame over the incident and has trust issues. Understandably she has strong feelings against the defendant and quite rightly does not accept that he being under the influence of alcohol is any excuse for what he did. Statistics show that most rapes are committed by someone known to the victim. Females should beware of wolves in sheeps clothing.

Considering all the circumstances of this matter a 10 year start point for penalty is in my view appropriate. The defendant is entitled to credit for his guilty plea which was entered when the charges against him were finalized. I will deduct 3 years for that. I will also deduct a 12 month period of time to recognise the fact that this is his first criminal offence and that he was of pervious good character as borne out by the probation pre-sentence report. All these factors were also referred to by his counsel who has said everything that can be said on his behalf. After deduction of these matters I consider that there are no other factors that need to be allowed for in the sentence. That leaves a balance of 6 years from the start point of 10 years.

That is appropriate for your offending in my view Matini and is in accord with other penalties in similar cases. For this matter you will be convicted and sentenced to 6 years in prison.

............................
JUSTICE NELSON