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Police v Paletasala [2025] WSSC 29 (5 May 2025)

IN THE SUPREME COURT OF SAMOA
Police v Paletasala [2025] WSSC 29 (5 May 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

IOSEFA MAIOA LOLESIO PALETASALA

Defendant

Counsel: T. Fesili for Prosecution

1. Matalasi for the Defendant
   

Sentence: 5 May 2025

SENTENCE

I make an Order suppressing the publication of the victim’s name, village and any details that may reveal her identity. The Order does not extend to the defendant.

Charges

1. You appear for sentence on three counts of sexual connection with a dependent family member; and two of indecent act with a dependent family member. The maximum penalty for each of the 5 charges is 14 years imprisonment. You entered guilty pleas to all charges on the 17th February 2025 when finalised by prosecution.

Offending

2. The offences occurred on three separate occasions, the victim being your niece and daughter of your sister. You all lived on the same land but different houses at [x-village]. The summary says that prior to the offences the victim would frequently visit your house and helped you roll tobacco leaves in newspaper to be sold at the market.
3. The first incident occurred in August 2023 when the victim was 16 years of age. According to the police summary, you went shopping with your children and the victim at the Coin Save store, Vaitele. After returning home the victim went to her house while you went home with your children. Later in the evening the victim came to your house where you mentioned spending more money on her and noted a lack of affection from her. She responded “sei iai se taimi.”
4. In the early hours of a Monday on a date unspecified, the victim returned to your house. At the time your children were asleep. You asked her to go outside with you in case your children might wake up. Outside under a papaya tree you placed a mattress on which the victim laid and removed her clothing. You then proceed to suck her breasts and licked her vagina. You got on top of her and parted her legs; inserted your penis inside her vagina and had sexual intercourse.
5. The second incident occurred on the 23rd April 2024 which was your birthday. She came to your house, you told her it was your birthday and asked what her gift was to which she responded “e uma a fai.” At the time, the two of you were alone at your house as your children were staying with your ex-wife’s family. After conversing on your bed, the victim laid down on the mattress and removed her clothes; you got on top of her, spread her legs and inserted your penis inside her vagina; had sexual intercourse and ejaculated inside.
6. The third incident occurred on the 21st May 2024 which was the victim’s birthday. Around 9am the victim’s mother, your sister was at your house and left shortly after the victim arrived. The victim asked for your permission to go shopping with your son. You then instructed your son to take a shower whilst you were alone with the victim. She asked you for money to cover the remaining cost of her phone. You gave her $200 then kissed and wished her a happy birthday. Whilst your son was still in the shower and the victim was seated on a chair with her legs raised, you proceeded to insert your penis inside her vagina and had sexual intercourse with her.
7. A few weeks later a heated argument arose between the victim’s mother and her aunties on rumours of a sexual relationship between you and the victim. As a result of your offending the victim became pregnant by you resulting in the matter being reported to police.
8. In the presentence report, you admitted to Probation having a sexual relationship with your niece. You suggested it was normal and that she consented. You must know that only is it not normal what you did, but consent by the victim is no defence by law.

Aggravating Factors

9. In relation to the offending I consider:
   • (i) the significant breach of trust - the victim is your niece, and you lived together on the same land. You should have protected her and she should have been safe with you;
   • (ii) the age disparity - there is a 36 year gap between you and the now 18 year old victim;
   • (iii) there was an element of premeditation - whilst the victim visited your house frequently, you created opportunities to be alone with her ensuring secrecy in your relationship and offending;
   • (iv) this was multiple offending;
   • (v) the impact on the victim - there is no victim impact report before me. But I do not doubt the physical and psychological impact of your offending, especially when she became pregnant as a result.

Mitigating Factors

10. I consider the following:
    • (i) your early guilty pleas to all charges;
    • (ii) that you have been banished from your village;
    • (iii) your personal circumstances - you are 54 years of age and divorced with five children. Since this matter came up, your children have moved to their mother’s family. You ended your formal education at Year 10 level at Chanel College. You are the primary provider for your children and family through cultivation and sale of tobacco. The pulenuu of [x-village], A second person and your younger brother AMP through Probation speak of your good qualities and previous good character. You have expressed remorse through counsel and Probation. You are a first offender.

Discussion

11. There is no question that your offending warrants a deterrent term of imprisonment. This is the exact kind of behaviour and sexual abuse by older males that the law intended to protect young females from, including that by their own relatives. The maximum penalty of 14 years imprisonment is a clear indication.
12. Prosecution recommend a start point of 7 to 8 years. They rely on Police v. Popole [2022] WSSC 49; Police v. MK [2022] WSSC 64; and Police v. Tuliau [2020] WSSC 27. I consider the circumstances on each of those cases.
13. Your counsel submits that a start point of 3 to 4 years is appropriate. Counsel distinguishes your case by highlighting it was the victim who frequently visited your house, and that on all three occasions, she came to your house where the offences took place. She argues in that regard that your offending was opportunistic.
14. I do not accept that submission. You are the victim’s uncle and by that fact, you should have known better. Your conduct was inexcusable. In saying that I consider counsel’s submission that from prosecution’s summary, there was no force involved in your offending.
15. Taking all those matters into consideration and the totality of your offending, I adopt a start point of 7 years. I make the following deductions. For the banishment imposed as penalty by your village, I deduct 12 months. For your personal circumstances including the testimonials in support of your good character, and your remorse I deduct 12 months. For your guilty pleas entered at the earliest opportunity I make final deduction of 18 months. The end sentence is three and a half years imprisonment

Result

16. On each of the five charges you are convicted and sentenced to three and a half years imprisonment to be served concurrently.

JUSTICE ROMA