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Police v Visesio [2019] WSSC 73 (15 April 2019)

IN THE SUPREME COURT OF SAMOA
Police v Visesio [2019] WSSC 73

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

ASOTOLU VISESIO, male of Fusi Safotulafai

Defendant

Counsels:
L. Sio for the Informant
Defendant appears unrepresented

Date: 15 April 2019

S E N T E N C E

1. The defendant appears for sentence on two charges of:
   • (i) Assault with intent to commit sexual violation with a maximum of 14 years’ imprisonment;^[1] and
   • (ii) Assault with carries a maximum penalty of 1 year imprisonment.^[2]
2. Prosecution counsel confirms that the assault was filed as an alternative charge.
3. The summary of facts has been read out and confirmed by the defendant which says that:
   • (i) On Saturday 02 February 2019, the victim at around 10.30-11.00am went for her usual walk in the village of Fusi, Safotulafai in Savaii. This time she walked on an inland road surrounded by village plantation when the defendant from behind grabbed her and put a black fabric over her mouth to stop her from screaming. The defendant also had his other arm around the victim’s neck and tried to drag her into the bushes.
   • (ii) The victim struggled and continued to fight back which she managed to hit the defendant on the face with her elbow and was able to escape.
   • (iii) The defendant was interviewed under caution by the police and he told the police that he intended to have sex with the victim.
4. The victim is a 24 year old Peace Corp volunteer living and teaching at the Primary School at Fusi Safotulafai, Savaii.
5. It is disheartening to have unfortunate attacks of this nature happening to volunteers who are here to help our communities, especially when a volunteer is attacked by an individual from the same village where the volunteer is serving.
6. The Victim Impact Report (VIR) gives the impression that the victim now feels anxious going for walks and also around strangers in public. This is not good for the volunteer as Samoa is a new place to her so everyone is regarded a stranger. The village (as I know) looks after the volunteers who live and serve in the village or district ensuring their safety and making them feel welcome.
7. The defendant is a 20 year old male of the same village. He is a first offender and had pleaded guilty to the offending.
8. The Pre-Sentence Report confirmed that the defendant’s family has carried out the village penalty imposed of 30 boxes of tinned fish, 20 boxes of chicken, $1000 cash and a large fine mate presented to the village Church Minister whom the victim lives with. The pulenuu in the PSR confirms the victim still lives and serves in the village of Fusi, Safotulafai.
9. [The PSR has the defendant saying that the victim walked past where he was sitting on the side of the road. He then grabbed her by the shirt which startled the victim. He realised what he was doing and he then let go and walked away]. I do not accept the defendant’s version in the PSR as to what happened because the victim in the VIR wrote that she had scratches on her arm and some bruising with a sore elbow which is consistent with the victim struggling to get away from the defendant.
10. The offending was opportunistic rather than pre-meditated.
11. I consider 4 years as starting point and deduct 1 year for previous good character, the village penalty imposed and your young age. I give a 25% discount for early guilty plea, this leaves 28 months.
12. The defendant is convicted and sentenced to 2 years and 4 months’ imprisonment less one month in custody. The defendant will be eligible for parole after serving half of his term.
    

JUSTICE TUATAGALOA

ADDENDUM:
The young defendant asked if he could serve his sentence at Vaiaata, Savaii. The Court supports the request given that the young defendant is from Savaii.

^[1] Section 53(2) Crimes Act 2013.
^[2] Section 123 Crimes Act 2013.