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Police v Ioane [2015] WSSC 142 (2 March 2015)

IN THE SUPREME COURT OF SAMOA
Police v Ioane [2015] WSSC 142

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

AVETONU IOANE, male of Satapuala.
Defendant

Counsel: L Su’a-Mailo for prosecution
M V Peteru for defendant

Sentence: 02 March 2015

SENTENCE

1. The defendant has pleaded guilty to a charge that on 14 September 2013 he did attempt to sexually violate the complainant. I need not remind I am sure our friends of the media who are here of the suppression order that extends to prohibiting publication of the details of the female complainant.
2. The police summary of facts which essentially the defendant admits says that he is a 30 year old male of Apolima-uta single and stays at home working his plantation to support his family. The complainant is a 23 year old female married with two children. The defendant is a close friend of the complainants husband. And he would often come and spend time at the complainants household.
3. On Friday, 13^th of September the defendant was visiting the complainants household and was drinking beer with the complainants husband. The husband left the house on an errand leaving the complainant, her children and the defendant at home. While the husband was away the defendant began flirting with the complainant but despite his amorous advances she did not respond. The husband returned later in the evening continued the drinking session and the defendants spent the night. It would appear that the complainant did not report what had happened to her husband.
4. The next morning Saturday, 14 September at around 7:00 am the husband again left the house to attend to village work. The defendant approached the complainant who was sleeping inside the mosquito net with her children and asked if he could perform oral sex her. She told him off saying “pe kaea lou ulu” but the defendant persisted in his effort. He then entered the mosquito net and asked her to remove her clothes. The complainant tried to chase him out of the mosquito net but he lay on top of her thigh and tried to remove her ie lavalava. The complainant was able to move away grabbed her child and crawled out of the mosquito net and ran away from the defendant.
5. On the same day the complainant reported what happened to her husband and the matter was referred to the police. The defendant was apprehended and when interviewed by the Faleolo Police admitted to what he had done and the charge.
6. This is obviously from these facts a case of a frustrated defendant who coverted his friend wife. And when she rejected his advances he resorted to more forceful action. Clearly he should have accepted her initial rebuffs as all males should understand that when a women says no it means no.
7. The charge the defendant has pleaded guilty to carries a 14 year maximum penalty. The offending is aggravated by the fact the defendant was a friend of the husband and was therefore trusted to stay at the family home. There is some suggestion the defendant was employed by the husband to do chores around the family property. And the victim impact report filed by the police outlines in more detail the relationship of the defendant to the family and how the incident has impacted on the complainants relationship with her husband. To the extent that the husband suspected the complainant was having an affair with the defendant. But any affair that may have occurred was in the mind of the defendant and nowhere else.
8. The offending is also aggravated by its commission within the family home a place where the woman and her children were entitled to be feel secure and protected. There is also no doubt that the defendant pre-planned his actions because he carried them out when the husband was absent from home.
9. Considering all the circumstances of your case Avetonu I accept the prosecution submission that an 8 year term of imprisonment is an appropriate start point for sentence. But as your counsel has rightly reminded the court you are entitled to certain deductions which should be made from that start point. Firstly for your guilty plea a one-quarter deduction of sentence because that has avoided the necessity of a trial and the complainant having to testify. It is also an expression of your remorse for the offending. That is a deduction of 2 years leaves 6 years.
10. Your pre-sentence report refers to your good background of service to your family and community and you have a clean criminal record this is your first court appearance. For those factors I deduct 6 months from the balance of sentence leaves 5½ years. The report also confirms you have apologized to the complainant and the family. That apology has been accepted by the husband and the complainant. The complainant has petitioned for leniency on your behalf. To reflect those matters a further deduction of 6 months from the balance of sentence. Leaves 5 years imprisonment.
11. There are no other deduction that can or should be made to this sentence. On this charge Avetonu convicted and sentenced to 5 years in prison. Remand in custody time awaiting sentence to be deducted.
    

JUSTICE NELSON