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Police v Kome [2008] WSSC 32 (26 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

GAFA KOME male of
Vaitele-tai and Leulumoega-tuai
Accused in Person

Presiding Judge: Justice Vaai

Counsel: Ms Titi for prosecution
Accused in Person

Sentencing Date: 26 May 2008

SENTENCE BY JUSTICE VAAI

Defendant you now appear for sentence on the charge of indecently assaulting a young girl under the age of 12 years for which you are liable to 7 years imprisonment. The young girl involved in this offence is only 7 years of age and you defendant is 17 years of age. It is fortunate for this young girl that a relative of hers came along while you were doing indecent acts and indecent assault on her thus preventing you from doing further damage.

It is the duty of society and of the court to protect the victim and all young girls from all forms of sexual exploitation and sexual abuses. It is neither a defence nor a mitigating factor that the victim did not protest to your various acts of indecent assault. The psychological and emotional impact of your offending on the victim cannot be determined with accuracy at this stage, but what can be said with certainty is that you have denied this very young girl her right to grow to maturity free of sexual violations. The primary purpose of the sentence to be imposed is to protect society and especially young girls. The most important factor in sentencing is the deterrence factor to deter you from re-offending and to deter other like-minded persons from offending. The sentence should also convey to you and other like-minded men like you that this sort of offending will not be tolerated by society. I accept that you are only 17 years of age and that you are also remorseful; but for this type of offence although you are young and although you are remorseful and though this is your first appearance before the court, a custodial sentence must nonetheless be imposed to reflect the seriousness of the offence.

As a starting point I will take three years and six months. For your early guilty plea I deduct another six months. For your previous good record and your young age I deduct another six months. You are sentenced to prison for two years and six months.

JUSTICE VAAI