A 22 year-old male was heard yelling out a loud “K€£€” (se’i tulou) just after His Honour, Justice Leiataualesa Daryl Clarke had handed down a 10-year prison sentence for the rape and kidnapping of a 17-year-old girl in 2024.
The Supreme Court judge had just left the courtroom when the defendant was heard yelling out the swear word in Samoan.
The defendant, who was just 20 years old at the time of the offending, has been granted temporary name suppression because there are other pending and similar matters before the Court against him.
Now 22, the accused was found guilty by a panel of assessors for rape, kidnapping, unlawful sexual connection by digital penetration and indecent assault.
The unremorseful defendant directed his frustration towards the Supreme Court with a loud swearing word just after the sentence was delivered on Thursday afternoon, 20 August 2026.
The Court heard that the victim, 17 years old at the time, was picked up by the defendant on the morning of 7 October 2024. The victim was walking home along the village access road (aualagalue) when the defendant stopped his vehicle and asked her for directions to a mechanic shop in the area.
When she refused, the defendant grabbed her and forced her into the vehicle.
“The victim described in her evidence that she tried to scream for help but the defendant closed her mouth with his hand.”
He drove her to isolated area and later to an abandoned house, where she was kept overnight and raped.
The Court found that the victim was detained for about 24 hours and was sexually assaulted during that time.
The defendant denied the allegations and maintained that the sexual activity was consensual.
He even posted publicly in a statement to Police stating the 17-year-old was his girlfriend. This caused backlash and online abuse towards the 17-year-old victim.
The panel of assessors unanimously found the now 22 year old, guilty of all charges.
Justice Clarke set down the circumstances of the offending as being within Rape Band 3, with a starting point of 14 years imprisonment.
The Court found the defendant used a false story to lure the victim into his vehicle, forcibly took her away, kept her in isolated locations and sexually assaulted her.
“The seriousness of the defendant’s offending lies not only in what was done to the victim, but also in its predatory nature,” stated Leitaualesa Justice Clarke.
The Court also noted the ongoing impact on the victim, who told the court she continues to live in fear and has been affected by the online abuse and negative comments on social media in response to the accused lying about their relationship.
The starting point of 14 years imprisonment was reduced by three years for the defendant’s relative youth, village punishment and an apology made before the trial.
The Sentence
The final sentence was 10 years imprisonment, less time already spent in custody.
a) Charge of rape as lead charge on a totality basis, ten years imprisonment.
b) Kidnapping 3 years imprisonment, to be served concurrently.
c) Sexual violation by way of Unlawful sexual connection by digital penetration, 2 years imprisonment, to be served concurrently.
d) Indecent assault 4 months imprisonment, also concurrent.
The Court ordered restricts the publication of the victim’s name, village and any other identifying details.
An interim order also grants name suppression to the defendant.
The Rape Bands
The Supreme Court has in many previous sentences of sexual offending handed down by Justice Tafaoimalo Leilani Tuala-Warren, set out the four bands of rape as we’ve seen over the years.
Justice Tafaoimalo would list the rape bands previously set by the Court of Appeal in 2013 Key v Police [2013] WSCA with short descriptors as to the circumstances for which each band would be appropriate to apply.
(a) Rape Band One: 8 – 10 years (Appropriate where the offending is at the lower end and where there is an absence of aggravating features or their presence is very limited);
(b) Rape Band Two: 9 – 15 years (Where violence and premeditation are moderate
(c) Rape Band Three: 14 – 20 years (Offending where there are aggravating features at a relatively serious level); and
(d) Rape Band Four: 19 years to life (As well as the aggravating features in Band 3 it is likely to consist of multiple offending over considerable time. Repeat family offending would fall into this band).
Vacancies
- 22-year-old Swears in Court after being handed 10-Year Sentence for Kidnapping and Rape - August 21, 2026
- Court Denies Discharge Without Conviction for Former Manu Samoa Player who Admitted to Possession of Utensil - August 21, 2026
- Mōlia i le Tau-Fa’amata’u e Fasioti ma Faaoo le Maliu i le afioga i le Palemia - August 17, 2026
