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Police v MT [2025] WSSC 71 (10 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v MT [2025] WSSC 71 (10 September 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

M.T

Defendant

Counsel: V. Faasii for Prosecution
H. Gauta for Defendant

Sentence: 10 September 2025

SENTENCE

An order is issued to suppress the publication of the victim’s name, village and any other details that may reveal her identity. The Order extends to the defendant because of the familial relationship to the victim.

Charges

1. On the 14^th April 2025 you pleaded guilty to three (3) counts of sexual violation by rape; seven (7) counts of sexual conduct with a young person; and one (1) count of indecent assault on a young person. Following your guilty pleas to the above charges, prosecution withdrew eleven (11) other charges.

Offending

2. The offences occurred between 2022 and 2024 on eight separate occasions. The victim, now 14 years of age was 12 years at the time they first occurred. Early in the year 2022 she and her family including her grandparents moved from [*village] to stay with you at your house at [*village]. The summary says you were married to the victim’s mother’s sister from whom you are now divorced.
3. The first incident occurred sometime in 2022 at [*village]. The victim had woken to go to the toilet whilst everyone was asleep, you followed her and as soon as she exited the bathroom, you told her to go with you. She refused but you told her “a e le sau ou ke alu aku fasi oe i luma i le mea lae ke moe ai.”
4. You slapped her on the mouth and pulled her towards your room, you told her to lie on the mat and she could return to sleep when you were finished. She complied out of fear, you removed her clothes and proceeded to suck her breasts and licked her vagina. She cried when she realised what you were doing, you told her to stop crying, you removed your own lavalava and inserted your penis inside her vagina and had sex with her without her consent. The victim was in pain, you ejaculated inside her, and she returned to sleep with her mother after what happened.
5. The victim later told her aunt, your wife what happened. She confronted you but you denied. Not long after, the victim and her parents moved out and stayed at a rental house at [*village].
6. The second offence occurred sometime in 2023. The summary says that one evening the victim was upset with her parents’ drinking at home, she left and came to your and her aunt’s house at [*village]. There you went with her inside your room and told her to lie down on the mat. You removed her clothes and again touched and licked her vagina before you inserted your penis and had sexual intercourse with her without her consent.
7. The third incident occurred sometimes in July 2024. The victim had been staying with her mother at her workplace at [*village]. Following an argument over her mother’s frequent drinking, the victim left and walked to where you worked also at [*village]. You told her to wait until you finished work then she could go home with you and spend time with your daughters. You took her to your home at [*village] where you had a meal with your daughters before you told the victim to go to your room. You then approached her and told her you wanted to have sex with her.
8. She refused but you threatened to beat her up, you forcefully removed her clothes, sucked her breasts and licked her vagina before you inserted your penis and again had sexual intercourse with her without her consent. Further you threatened the victim to perform oral sex and when she refused you told her “e ke le ‘aia loa ou suasi ou pooa loa ma oe,” She complied, you ejaculated inside her.
9. The fourth incident also occurred in July 2024. Specifically, on the 24^th the victim and her mother went to her mother’s workplace in the afternoon. You turned up later and threatened to give her a hiding if she did not get in the car. You took her to [*village] where you also had sexual intercourse with her without consent.
10. The fifth incident occurred the following day, the 25^th July 2024. Whilst still at [*village] you repeated what you did the previous night and had sexual intercourse with the victim. You dropped her the following day at her mother’s workplace.
11. The sixth incident occurred three days later on the 29^th July 2024. The victim was near her mother’s workplace when you picked her up in your car and took her to your house at [*village] where you again had sexual intercourse with her. You dropped her off the following day.
12. The seventh incident occurred on the 31^st July. The summary does not say where but that you approached the victim and told her to get in your car so you could go with her to your home at [*village]. She complied and at [*village] you sucked her breasts, licked her vagina then inserted your penis and had sexual intercourse with her without consent. You ejaculated inside her.
13. The eighth incident occurred the following day also at [*village]. According to the summary you threatened the victim and had sex with her before you left for work. The same day the victim visited a neighbour at [*village] who asked her why she was staying with you. She did not disclose anything. Later that evening when another neighbour asked her, she told her everything and the neighbour reported the matter to police. You were arrested the same evening.

Victim

14. The victim is 15 years of age. She was 12 when the offences first occurred and 14 at the time of the last incident. She attended [** Primary School] and has been under the care of SVSG after these matters came up. There is no victim impact report provided by prosecution which is unacceptable, especially for serious offending involving young victims. In saying that I do not doubt that the physical, mental and psychological impacts on the victim are long lasting.

Aggravating Factors

15. In respect of the offending I consider as aggravating features the following:
    • (i) young age of the victim - she was 12 at the time the offences first occurred;
    • (ii) familial relationship - you were married to her aunt and with that connection, I accept there was a breach of trust;
    • (iii) vulnerability of the victim given her young age and familial relationship;
    • (iv) planning and pre meditation;
    • (v) the offending involved violence and threats of violence;
    • (vi) age disparity - you were 59 at the time of the first offence, the victim was 12 years, the age disparity being 47 years;
    • (vii) multiple offending;
    • (viii) the offences continued for a period of 2 years;
    • (ix) prevalence of sexual offending involving young girls;
    • (x) impact on the victim.

Mitigating Factors

16. In mitigation, I consider the following:
    • (i) your guilty pleas to the charges;

(ii) your personal circumstances - you are now 62 years of age, divorced from your wife who now lives in Australia with your 8 children. You are the eldest and only male of your parents’ 6 children. Your family was dependent on the plantation for support. You have never had formal education, but from a young age had an interest in and done work as a mechanic. You continue to do so and have also become a skilled carpenter. Your sister, your employer and the sui ole malo for [*village] speak of your good qualities and contribution to your family and at work. You are a first offender.

. Discussion

17. Of the eleven (11) charges you face, the three (3) lead offences are sexual violation by rape on each of which you can sentenced to life imprisonment. Seven (7) counts are of sexual conduct with a young person with a maximum penalty of ten years imprisonment for each offence; and one (1) is of indecent assault of a young person with a maximum penalty of seven years imprisonment.
18. These are extremely serious charges and the penalties reflect Parliament’s intention to combat the prevalence of sexual offending by males on young children. To that end I echo the remarks of Nelson J in Police v. MF [2022] WSSC 58:
    • “This is a disturbing and appalling trend. The court must hold people who commit this kind of offence on young girls accountable for their actions, and the penalty must deter the offender from repeating this kind of conduct and send a message to other men and young males of the consequences of this kind of behaviour.”
19. The sentencing bands for rape are governed by the Court of Appeal judgment in Key v. Police [2013] WSCA 3, and clarified in Fetuao v. National Prosecution Office [2016] WSCA 10.
    • Band One 8 – 10 years (appropriate where the offending is at the lower end and where there is an absence of aggravating features or their presence is very limited);
    • Band Two 9 – 15 years (where violence and premeditation are moderate);
    • Band Three 14 – 20 years (where there are aggravating features at a relatively serious level); and
    • Band Four 19 years to life (as well as aggravating features in Band 3, it is likely to consist of multiple offending over a considerable time. Repeat family offending would fall into this Band).
20. Prosecution argue that your offending meets the threshold for Band four. Compared to Police v. STD [2020] WSSC 71; Police v. Esera [2016] WSSC 164 and Police v. MF [2022] WSSC 58 which they cite, prosecution submit that the aggravating features in your case are severe and prolonged. They recommend a start point of no less than 19 years.
21. The recommendation by your counsel is not far off. She submits that they fall within the higher end of Band three or lower end of Band four. In addition to Police v. Esera [2016] WSSC 164 cited by prosecution, your counsel relies on Police v. Faatauvaa [2019] WSSC 11; Police v. Augai [2020] WSSC 95 and Police v. Toma [2021] WSSC 66. I have also had regard to Police v. PT [2021] WSSC 83 involving 32 counts of rape by the defendant of her biological daughter over a three year period. The court in that case adopted a start point of 13 years.
22. Considering those cases and the particular facts of yours, I accept prosecution’s submission that the aggravating features of your offending fall under Band 4. I adopt 19 years as the appropriate start point.
23. From that term I make the following deductions - for your personal circumstances and testimonials in support I deduct 12 months. For your previous good character and remorse, I deduct another 12 months. And lastly for your pleas of guilty I deduct 4 years. The end sentence on each of the 3 lead charges of rape is 13 years imprisonment.

Result

24. You will serve the following sentences concurrently less time you have spent in custody:
    • (i) On each of the three counts of rape, you are convicted and sentenced to 13 years’ imprisonment;
    • (ii) On each of the seven counts of sexual conduct on a young person, you are convicted and sentenced to 4 years’ imprisonment;
    • (iii) On the one count of indecent assault on a young person, you are convicted and sentenced to 3 years’ imprisonment.
25. Lastly I want to say that other than the circumstances of the defendant’s offending, a concerning factor in this case is that on multiple occasions, the victim appeared to have been picked up from her mother’s work place and taken to defendant’s’ home where the offences took place. There is nothing to say that she was ever searched for on any of those occasions. In fact it was the defendant’s neighbour at [*village] who contacted police, not her parents or family. This reflects badly on the parents and her family. I leave it with the authorities to consider whether it warrants an investigation and appropriate charges.
    

JUSTICE ROMA