No second chances for stepfather who committed indecent acts

    Kuo pehē ‘e he Fakamaau’anga Lahi ‘e ‘ikai ha’ane toe meesi ki ha taha ne ‘osi fakahalaia’i mo tautea ki he fai ‘o ha tō’onga fakalielia hili ‘eni ‘ene mātu’aki ‘ikai fai e tu’utu’uni ki hono tautea’ ‘i ha ngaahi ta’u ki mu’a. Ko e hia mamafa ‘eni ‘e nima na’a’ ne fai kau ai e anga fakalielia ki he ‘ofefine ‘a ha fefine ne na nonofo fakamali. Kau ai 'ene 'uma ki he ki'i ta'ahine mo ngaahi hono huhu'.

    A Supreme Court judge said he was not prepared to grant any further indulgence to an indecent assault convict after he wilfully disregarded his sentencing orders for several years.

    The offending, however, was serious involving five offences on his step daughter at different times involving fondling her breast and kissing, a court judgement said.

    The prisoner reappeared before Judge Charles Cato after he was convicted and fined eight months imprisonment in default of payment of $ 1000.00 pa’anga following his sentence by Schuster J on 10 February 2012.

    He was also placed on probation for a period of three years and to undertake counselling with the Women’s crisis service within 6 months of his sentencing date.

    At his request, Schuster J varied his order to allow him to pay off the fine at $20.00 per week.

    The convict is not named to protect his victim’s identity. He pleaded guilty and was a first offender.

    Mr Cato said: “He has not paid any part of the fine and nor has he attended counselling. He has no explanation to my mind that is satisfactory for non – compliance with either order.

    “He has simply acted in wilful disregard of the court’s sentencing orders for several years.

    “ He has asked for further time to pay saying he is in employment and is the breadwinner. I am not prepared to grant him any further indulgence, in these circumstances.

    He said he considered the sentencing notes, the convict’s  probation report, and the facts upon which his guilty pleas were based.

    “The accused was in employment at the time of his sentencing. He was living in a defacto relationship with three young children and it seems his step daughter. He pleaded guilty and was a first offender.

    “The offending, however, was serious involving 5 offences on his step daughter at different times involving fondling her breast and kissing. She was at school at the time. Schuster J passed a merciful sentence on the accused taking into account his guilty plea and no doubt that he was a first offender.

    “ I am satisfied that the period of 8 months imprisonment in default of payment of fines was in order and I enforce the Court’s order.

    “He is sentenced to imprisonment for eight months commencing on today’s date, and backdated to reflect any period of remand in custody pursuant to service of the warrant of arrest.”

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