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Police v Sivao [2016] WSSC 29 (12 February 2016)

SUPREME COURT OF SAMOA
Police v Sivao [2016] WSSC 29

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SIVAO SIVAO male of Eva and Satalo Falealili
Defendant

Counsel:
F Ioane for prosecution
Unrepresented
Sentence: 12 February 2016

S E N T E N C E

1. The defendant has pleaded guilty to having sexual intercourse with a girl of 12 years.

2. It appears to the court that prior to the sexual offending you have formed a relationship with this young girl. The sexual intercourse was consensual but that is not a defense or a mitigating factor for the offence of carnal knowledge. Sexual offending by way of sexual intercourse with underage girls are regrettably on the rise, despite warning by this court of the serious consequences to those who commit t he offences and despite attempts by several organizations to discourage this criminal act.
3. She also masturbated you without any persuasion by you, an indication of her prior sexual experience but that also is not a mitigating factor. She was only 12 years at the time, she was 7 years younger than you and she was attending primary school.
4. The purpose of the law and of this sentence is to protect young girls from older men and from their own urges until they are old and mature enough to know better and make rational judgments for themselves.

5. Despite your young age and despite the fact that you are first offender a custodial sentence cannot be escaped. I consider 16 months as the appropriate starting point considering the circumstances of this offence.
6. For your early guilty plea I will deduct 6 months. For your relatively young age and your previous good record, I will deduct a further 4 months. That will leave a balance of 6 months to be followed by 12 months probation. Any time spent in custody will be deducted from the 6 months custodial sentence.

JUSTICE VAAI