Sopu rapist and robber sentenced to 14 years imprisonment, but will serve six and-a-half

    First time offender Sisi Pale has been sentenced to 14 years imprisonment for rape and robbery, but will only serve six and-a-half years.

    Pale, 34, of Lapaha, was part of a gang of five who broke into a house in Sopu on June 10, 2014.

    Four of the other men were sentenced in May 2015 to between two and four and-a-half years imprisonment respectively.

    Pale pleaded guilty just before his trial for rape was to begin.

    He was sentenced to six years for robbery, with the last 18 months suspended, two years for rape, two years for conspiracy to house breaking, two years for conspiracy to steal and three and a half years for serious house breaking.

    Justice Charles Cato said Pale’s victim had undergone a “terrifying ordeal.”

    In his ruling Justice Charles Cato combined Pale’s robbery and rape sentences with the other sentences so he will only spend six and-a-half year in jail. Mr Justice Cato said he thought the appropriate terms for the rape should be five years.

    The judge said he would “refrain from imposing any longer period because (Pale) has pleaded guilty, is a first offender and to assist further with his rehabilitation.”

    The suspension of his robbery sentence was made on the condition that Pale would not commit any offences punishable by imprisonment for two years, that he would be placed on probation for two years and undergo a course under the supervision of probation officer.

    He also has to undergo a course on drug and alcohol abuse.

    The judge also took into account that Pale was married with eight children and the fact that the victim withdrew from giving evidence in court.

    Mr Justice Cato also ruled that the sentences be backdated to the date of his remand in custody.

    The court was told that on June, 10, 2014, Pale, together with five other young men, were driving around the Sopu area at about 11pm in Pale’s truck.

    While driving one of the men told them about “a house where he was sure goods could be located and said the residents were elderly.”

    The man who had provided this information, was dropped off at his residence while the others returned at about 3am and entered the house.

    A court document said: “Pale climbed up a pipe and entered the house on the first floor. He then opened the entrance door to allow the others in. Four others entered and went upstairs.”

    The men including Pale entered the house with their faces covered while the victim was asleep and alone.

    They tied her to her bed and continued to remove a large amount of goods from the house and placed them in Mr Pale’s truck.

    Pale then returned to the house with a screw driver, but the Crown said he did not use it to threaten the woman.

    According to the court records, he “told the victim that he wanted to have sex with her. He proceeded then to digitally abuse her”.

    The court was told the victim found what Pale did to her painful and asked him to stop it and have sex with her if he wanted.

    “He then untied her bonds on her feet, removed her pants and had sexual intercourse.”

    When Pale finished raping the victim he left her in the house with her hands still bound together. She managed to free herself and sought help.

    Pale admitted his offence to the police.

    In his ruling Mr Jutice Cato said he considered a probation report that Pale had a big family, was the leader of daily labour work group and also hired out a truck and tractor to earn income.

    “The rape appears to have been an opportunistic attempt by him to take advantage of the victim, in the absence of the others,” the court document said.

    Pale’s legal counsel told the judge his client’s offending that night had been “the product of a large amount of alcohol   being consumed by the group”.

    “That might explain his aberrant conduct which was out of character for Pale, but the fact that his behaviour may have been induced by excessive alcohol consumption is not a factor that can mitigate his offending,” the judge said.

    “In my view, the most significant factor in mitigation is his guilty plea, late though it was, for reasons which Mr Niu has explained.

    “By pleading guilty he has at least saved the victim from having to relive the ordeal, although the lateness of his plea diminishes the discount because she has had to live with the prospect of having to give evidence for a very long time, an ordeal in itself,” Mr Cato said.

    The Crown prosecutor, Lutui, told the court “the victim had resigned herself to what had occurred and was pleased not to have had to give evidence and they have left the premises where the incident happened.”

    The judge said he took to account the fact that Pale’s family “are also, in a sense, victims of his criminality, they being deprived of his income and support for what will be a considerable time.”

    He said the family now lived on charity, but still visited the prisoner in jail.

    The main points

    • First time offender Sisi Pale has been sentenced to 14 years imprisonment for rape and robbery, but will only serve six and-a-half years.
    • Pale, 34, of Lapaha, was part of a gang of five who broke into a house in Sopu in 2014.
    • He was sentenced to six years for robbery, with the last 18 months suspended, two years for rape, two years for conspiracy to house breaking, two years for conspiracy to steal and three and a half years for serious house breaking.
    • He will serve time for the rape and robbery charges, with the other sentences to be served concurrently.

    1 COMMENT

    1. Kuo tautea ke ngaue popula ta’u ‘e 14 ‘a Sisi Pale ki he tohotoho mo e kaiha’a k ate ne ngaue’I pe ‘ e ta’u ‘e ono mo e konga.

      Ko e ta’u ‘e 14 ‘eni ‘o Pale pea ko e taha ia ‘o e toko 5 ne nau hae ha fale ‘I Sopu ‘i he ‘aho 10 ‘o Sune ‘o e 2014.

      Ko e toenga e toko fa ko ee ne ‘osi hopo’i pea tautea’i kinautolu ia ‘i Me 2015 ‘o ngaue popula kinautolu taki ta’u ua mo e ta’u ‘e fa mo e konga.

      Na’e tali tonu halaia pe ‘a Pale ki mu’a pea kamata ‘a hono hopo’i ia ki he tohotoho.

      Na’e tautea ia ke ne ngaue popula ki he ta’u ‘e ono ki he kaiha’a, ka ne toloi malu’i angalelei ‘e he fakamaau ‘a e mahina ‘e 18 fakamuimui, tautea ke ne ngaue popula ‘i he ta’u ua ki he tohotoho, ngaue popula ta’u ‘e ua ki he fa’ufa’u ke fai ha haefale, ngaue popula ta’u ‘e ua ki he fa’ufa’u ke fakahoko ha kaiha’a pea ta’u ‘e tolu mo e konga ki hono fakahoko ha hae fale lahi.

      Na’e pehe ‘e Fakamaau Charles Cato na’e foua ‘e he tokotaha mamahi ha faingata’a fakailifia.

      ‘I he’ene hilifaki ‘a e tautea na’e fakataha’i ai ‘e Charles Cato ‘a e tautea kaiha’a ‘a Pale mo hono tautea tohotoho pehe ki hono ngaahi tautea kehe ke ne ngaue’i pe ‘a e ta’u ‘e ono mo e konga. Na’e pehe ‘e Cato ‘oku ne tui ko e tautea fe’unga ki he tohotoho ko e ta’u ‘e nima.

      Pehe ‘e he fakamaau na’e ‘ikai loto ke ne toe hilifaki ha fu’u tautea loloa koe’uhi ne tali halaia ‘a Pale, ko ‘ene toki ‘uluaki faihia e kuo ma’u pea ‘e tokoni foki kiate mo ha polokalama fakaakeake.

      Ko hono toloi koi a ‘o e tautea kaiha’a na’e makatu’unga ‘i he pau ke ‘oua na’a ne toe fai ha hia ‘e ala tautea ke ngaue popula ai ‘i he ta’u ‘e ua, ‘e pau ke ne tali ui mo tokanga’i ia ‘i tu’a ‘e ha ‘ofisa.

      ‘E pau foki ke ne fai mo ha koosi fekau’aki mo hono nunu’a kovi ‘o e faito’o konatapu mo e ‘olokaholo.

      Na’e to e fakakaukau’i foki ‘e he fakamaau ko Pale kuo mali pea ‘i ai ‘ena fanau ‘e toko valu pea pehe ki he holomui ‘a e toko taha mamahi ‘ikai ke ne loto ke fakamo’oni ma’ana lolotonga e hopo.

      Na’e toe tu’tutu’uni ‘a Cato ke fakafoki kotoa ‘a hono kamata lau ‘a hono tautea ke kamata pe mei he ‘aho ne kamata fakahu ai ‘e he kau polisi.

      Na’e fakaha ki he fakamaau’anga na’e lele atu ‘a Pale mo ha toko nima kehe ‘i Sune ‘aho 10 ‘o e 2014 ‘i ha loli pe ‘a Pale fakafuofua ki he 11 he feitu’u Sopu.

      Lolotonga ‘ene lelelele atu ne fakahinohino ange ‘e he taha e kau tangata ha fale ne ne tui ‘oku ‘i ai e koloa ai pea ko e kau nofo ai ko e kau vaivai.

      Ka na’e hifo e tokotaha ia ko ‘eni ‘i hono ‘api kae foki ‘a e toenga ia fakafuofua ki he taimi 3 hengihengi ‘o hu ki he fale.

      Na’e pehe ‘i ha me’a fakapepa na’e kaka ‘a Pale ‘i ha pamu ‘o hu ai ki fale ‘i he fungavaka ‘uluaki. Na’a ne fakaava leva ‘a e matapaa kae hu atu e toenga. Na’e hu atu pe toko faa ‘o ‘alu ki he funga vaka ‘i ‘olunga.

      Ne hu atu ‘a e tangata ni kau aim o Pale kuo ‘osi ha’i honau mata lolotonga ko e mamahi tokotaha pe ne ‘i fale pea ne lolotonga mohe.

      Na’a nau ha’i ia ki hono mohenga pea nau hoko atu leva ‘o fetuku ha koloa lahi mei he fale ki tu’a ki he loli ‘a Pale.

      Na’e foki mai leva ‘a Pale ki fale mo ha sikulutulaiva ka ne fakaha ‘e he kalauni ki he fakamaau’anga na’e ‘ikai ke ne fakamana’i ‘aki ‘e ia ‘a e mamahi.

      Fakatatau ki he lekooti ‘a e fakamaau’anga, na’e kole ai ‘a Pale ‘i he mamahi pea kamata ke ne fai ‘a e to’onga ne iku kole ange ‘a e mamahi ke ta’ofi ka na mohe kapau ‘oku ne fiema’u.

      Na’a ne vete leva e ha’i hono va’e pea na mohe.

      ‘I he hili ‘eni ne mavahe leva ‘a Pale mei he fale ‘oku kei ha’i pe nima ‘o mamahi. Ka ne lava pe ‘a e mamahi ‘o feinga ‘o homo ‘o kumi tokoni ki he kaunga’api.

      ‘I hono hilifaki ‘o e tautea ne fakakaukau’i ‘e Cato ha lipooti ‘a ha ‘ofisa ne ne ngaue atu kia Pale pea pehe foki ki he tokolahi hono famili pea ko e taki ia ‘o ha ngaue’anga pea haea atu ki tu’a ‘ene loli mo e palau ke ma’u ai ‘ene seniti.

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