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Police v Satoa [2007] WSSC 55 (23 July 2007)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Prosecution

AND

TA'ATEO SATOA aka SALU SATOA
male of Falefa
Accused

Counsel: L M Su'a for prosecution
Accused in person

Sentence: 23 July 2007

SENTENCE

The charges

The accused appears for sentence on one count of rape which carries a maximum penalty of life imprisonment and one count of indecent assault. The accused has pleaded guilty to both counts at the earliest opportunity.

The offending

On Sunday afternoon, 22 April 2007, after Sunday to'onai, the victim who was then 7 years old was playing with her brother beside the bed of their grandfather inside their house at Falefa whilst the accused who is a 41 year old male was cleaning the kitchen. Apparently the accused is a person who is a tautua to the grandfather of the victim.

When the accused finished cleaning the kitchen, he called the victim over and told her to accompany him to the house where a generator is kept. This house is situated beside the kitchen of the victim's family. The accused told the victim not to tell anyone where they were going.

When the accused and the victim got to the house where the generator is kept, the accused took off the victim's skirt and panties and laid her down. The accused then jumped on top of the victim, spread her legs apart, and inserted his penis into her vagina. The victim was in pain and the accused told her not to say anything to anyone. After he finished, the accused touched the victim's vagina and asked her whether she liked what he was doing to her and she said no. The victim then put on her clothes and walked to her family's house.

During all the time this incident took place, the victim did not consent to having sexual intercourse with the accused or for the accused to touch her vagina. While this incident was happening the victim's family were looking for her. It was an uncle of the victim who noticed her walking from the house where the generator is kept. He asked the victim where she was and she explained what the accused had done to her.

The accused

The accused is a 41 year old male of Falefa. He is married with 3 children and is a carpenter by profession. His wife and children currently reside in New Zealand but he visits them from time to time.

As it appears from the pre-sentence report, the accused told the probation service that he did not know what he was doing. He was overcome by his feelings. He also expressed remorse to the probation service and admitted that what he had done was wrong and he takes full responsibility.

The accused's family has apologised to the grandfather of the victim and the apology was accepted. The accused has two previous convictions, one for drunkenness in 1990 and one for burglary and theft in 2003 for which he was placed under probation for 12 months.

The victim

The victim was 7 years old at the time of these offences in April 2007. She is now 8 years old.

Aggravating features

The aggravating features of this offending are the gravity of the crime of rape, the age difference of about 33 years between the accused and the victim, and the fact that the victim and the accused appear to be related because the accused performed the tautua to the grandfather of the victim.

The victim

The accused's plea of guilty to the charges at the earliest opportunity and the fact that the family of the accused has apologised to the victim's grandfather and the apology was accepted are mitigating features.

The decision

From the sentences that this Court has imposed for the crime of rape in the recent past, 8 years imprisonment now appears to be an acceptable starting point where the accused has pleaded not guilty and the matter goes to trial. I will take 8 years imprisonment as the starting point for sentence in this case. I will then give the accused 1/3 discount for his plea of guilty at the earliest opportunity. That leaves 5 years and 4 months. I will deduct a further 3 months for the reconciliation that has been effected by the family of the accused. That leaves 5 years and one month.

The prosecution has sought from the Court a sentence of not less than 5 years. I accept the application by the prosecution that the appropriate sentence in this case given its circumstances should be around 5 years imprisonment. The accused is therefore sentenced to 5 years and one month on the count of rape and 2½ years on the count of indecent assault. Both sentences are to be concurrent. The period during which the accused has been remanded in custody awaiting sentence is to be deducted from the total sentence.

CHIEF JUSTICE

Solicitors
Attorney General's Office, Apia for prosecution