Man jailed for burglary and indecent assault

By Deidre Tautua – Fanene ,

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JAILED: Mamona Ah Ching sentence to 2 years and 2 months for charges of indecent assault and burglary.

JAILED: Mamona Ah Ching sentence to 2 years and 2 months for charges of indecent assault and burglary.

A 28-year-old male has been sentenced to two years and two months in jail for burglary and three charges of indecent assault.

The decision was handed down by Supreme Court Justice Leiataualesa Daryl Clarke.

Prosecution was Fuifui Ioane of the Attorney General’s Office.

According to the court’s details, on Sunday, 30th November 2016 at 2 a.m, the defendant unlawfully entered the first victim’s home at Tuanaimato through the back window.

He went to the victim, who was asleep, and indecently assaulted her.

On December 25th, 2016, at 3am, he entered the home of the second victim at Talimatau.

He removed the windows from the house and entered the second victim’s room while she was asleep.

He went to the second victim and put his index finger on her mouth and told her “Aua gei e pisa gei kei ua ou fasiokia oe faakasi ai ma lou kamā ma lou kuagage.” (“Don’t make any noise otherwise I’ll kill you together with your father and brother.”)

He then indecently assaulted her.

When the second victim reached for her phone, the defendant asked her for her number, she then gave him a wrong number.

As he was entering her number in his phone, the victim pushed him away and ran off to get her father and brother.

In reading out the aggravating features, Justice Leiataualesa took into consideration the time all offending occurred.

“First, it’s the home invasion at the early hours of the morning while the victims were sleeping on their beds,” he told the defendant.

“You threatened the second victim and three you committed the offending on December 25th, 2016, while you were on bail for your offence on November 13th.

“And for two victims of your offending, are two separate occasions.

“Mamona, your offending is serious because you broke into two separate homes in two separate occasions.

“Young girls and women are entitled to feel safe, in particular within the security of their homes, in their beds as they sleep at night.

“For the second victim you made a very serious threat.”

He also read out the victim’s impact reports from all three victims.

 “The first victim is a 17-year-old female of Tuanaimato who you indecently assaulted on November 13th, 2016,” he said.

“She said she was scared of you during the time of your offending and she expresses her disgust with you for your actions.

“She said you occasionally spend time at their home with her cousins and she has forgiven you because her father accepted your mother’s apology.

“She has been to them on a number of occasions to ask for forgiveness.

“The second victim is a 19-year-old who is now 20 years old.

“She spoke of her fear of you when she you committed the offense and she could not call out for help because of her fear.

“The next day she left her home and stayed with her grandmother because she didn’t want to stay alone.

“She no longer thinks of you because she no longer resides here.

“The third victim is the home owner of the house you broke into on November 13th, 2016.”

In reading out the mitigating factors, Justice Leiataualesa took into consideration apologies made by the defendant’s mother.

“The mayor of your villages says that you are good person and you are not a talkative person,” he said.

“The bishop of your church describes you as a good person and his family relies on him.”

Deductions were made from the four years starting point and the defendant was left with two years and two months for all the charges.

© Samoa Observer 2016

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