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Police v Lasalo [2016] WSSC 105 (8 July 2016)

SUPREME COURT OF SAMOA
Police v Lasalo [2016] WSSC 105

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

S3672/2015, S3737/2015

BETWEEN:

POLICE
Prosecution

AND:

SAKARIA LASALO male of Nofoalii
Defendant

Counsel:
L Sio for prosecution
C Vaai for defendant

Sentence: 8 July 2016

S E N T E N C E

1. Defendant after a defended hearing, you were found guilty by this Court of having sexual connection with a girl aged 14.
2. There is no need for me to go through the facts again accept to say that this young girl was walking home when you approached her and both of you went to the bushes by the dirt road on the day in question.
3. The girl was only 14 and you were 40 at the time, age difference of 26 years. You obviously took advantage of this victim walking by herself, for some distance, and through the defendant’s plantation. You led her away from the road into the bushes. She was unable to defend herself through your superior strength and size. The Court has before it the victim impact report and inevitably the victim was obviously impacted both physically and emotionally.
4. In considering the appropriate sentence, the Court must take into account the purpose of the law to protect young girls.
5. The sentence must express condemnation by the community and the need to deter people like yourself and other like-minded men.
6. In the circumstance I consider 2 years as the appropriate starting point for sentence. For your early guilty plea I will deduct 6 months. For your previous good record and genuine remorse I will deduct another 4 months. You will serve 1 year and 2 months imprisonment; any time spent in custody will be deducted.
7. I have incorrectly deducted 6 months for your guilty plea. You were found guilty and the 6 months deduction is reversed. You will serve 1 year and 8 months imprisonment.

JUSTICE VAAI