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Police v Tupai [2000] WSSC 38 (27 November 2000)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

VAA TUPAI,
male of Saipipi, Savaii.
Defendant

Counsel: Mr. R. Schuster for the Prosecution
Mr S. Leung Wai for the Defendant

Date of Sentencing: 27 November 2000

SENTENCING REMARKS OF JUSTICE VAAI

Vaa Tupai you are aged 16 years and you now appear before this court for sentence on a very serious and very prevalent offence of rape.

The victim of your crime is a 12 year old girl. At the time of the offence you were employed by and living with her family.

On the night of the offence the victim and yourself were left alone in the house. Unknown to the members of the family of the victim, their 12 year old girl would be subjected to the horrid experience of being raped. You pulled her onto the bed and took off her panty. She tried to resist you but you had no problem in overpowering her and you forcibly inserted your penis inside her vagina. She bled. Her bleeding necessitated her admission to the Malietoa Tanumafili Hospital where she was medically examined.

I have listened to the submissions of your counsel. I have read the pre-sentence report prepared by the Probation Service and I have also drawn my attention to written testimonials by the pulenuu of your village and by Bishop Fale Tofa of the Saipipi LDS Church.

I agree with the probation service that this is a unique case in that a very serious offence has been committed by a young boy of 16 years, I also note with concern that you finished school at primary level and you were probably tempted or driven towards the commission of this offence by watching videos where sex scenes were often displayed. At a very young age of 16 you were living away from home working as a labourer to support your father and other members of the family. You background is indeed an unfortunate one.

But there are some crimes which are so serious that the offender must be punished with a prison sentence even when the offender is young as you are, even if the offender is a first offender as you are, and even if the offender is remorseful as you are. This is such a crime and it gives me no pleasure to see a young man like you go to jail.

The 12 year old victim was entitled to expect that within our society she would grow to maturity unmolested and undefiled by the lust of offenders like you. That was her right and this court as the legal arm of society must protect that right. In addition to the physical injuries she sustained, it is inevitable that she suffered mental trauma and the incident that night will continue to haunt her for quite some times.

You are entitled to some leniency as I have indicated earlier that you are a first offender, you pleaded guilty thus saving the victim the embarrassment of having to give evidence. You have also shown signs of remorse and contrition.

In imposing the sentence I am about to impose, I hope to send out a loud and clear message, that offences of this nature by any man young, old or senile will not be tolerated. And will be met with a sentence of imprisonment sufficient to convey society’s condemnation of such conduct.

You are sentenced to 3 years imprisonment.

JUSTICE VAAI