A man who tried to force himself on a woman after giving her a lift in his car was sentenced to eight months in jail by the Supreme Court .

The 31-year-old man from Palisi and Samata-i-tai was told his custodial sentence would include the time he had already spent in custody. 

The decision was handed down on 24 April by Supreme Court Judge, Justice Niava Mata Tuatagaloa.

The defendant, Toloa Semi Leota was charged over an incident that took place in April of 2022. 

He entered a not guilty plea to the offence of indecent assault of sexual connection by digital penetration but found guilty of indecent assault. The offence of indecent assault carries the maximum penalty of five years imprisonment.

According to the facts as accepted by the Court the defendant is an employee of a company that delivers Digicel mobile cards to shops at the time of the offending. 

The victim works for a shop at Leulumoega-tuai and the two met through work because the shop is one of his employer's clients that he delivered to. The defendant on 22 April 2022 went to deliver cards to a shop driving a white four door SUV.

The victim who works at a shop at Leulumoega-tai was waiting at Salua, Manono for the bus to get to work, and the defendant was on his way back to Apia from Manono-uta and gave the victim a lift to work. The victim sat in the back seat right behind the defendant or the driver’s seat.

The defendant then asked the victim if they can go and chill somewhere three times. 

Mr. Leota then parked near the airport at Faleolo and got into the back seat where the victim was sitting and tried to force the victim to be intimate with him. 

The victim tried to stop the defendant but feared what the defendant may do to her, however, she was able to get out of the car and went to the main road and flagged down two vehicles leaving her handbag and shoes in the defendant’s car.

She then told her mother what happened on the same day and a complaint was formally lodged with the Police.

The Prosecution submitted that the only mitigating factor in the defendant’s favour is his previous good character. They submitted for a starting point of 15 months’ imprisonment on the following aggravating factors, including high level of premeditation, vulnerability of the victim as she was alone with the defendant. 

The other aggravating factor is breach of trust in that the victim accepted a ‘lift’ from the defendant for she knew him and vice-versa through work, and the impact of the offending on the victim.

On the contrary, the defence counsel submitted a starting point of six months imprisonment alternatively a non-custodial or a supervision term.

In discussions, both counsels cited sentencing authorities imposed by the Courts. These sentences range from non-custodial (supervision) to custodial. This means that each sentence imposed depends on the circumstances and merit of each case.

Justice Tuatagaloa agreed with the starting point suggested by the prosecution of 15 months’ imprisonment and deduct one month for remorse; and six months for his previous good character. The end sentence was eight months’ imprisonment, less any time in custody.