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Kapeli Amoa
.
Rape of and unlawful sexual connection with a 20 year old woman in November 1997
Assault on a 12 year old girl with intent to commit sexual violation that same night
.
.
none known
Born 1968
Samoa
Sentenced to thirteen years in August 1999
Sentence later reduced to ten years on appeal
Released 2006, deported April 2008
Background
From the Dominion September 1999
AN AUCKLAND man convicted of raping a 20-year-old woman and a 12- year-old girl on the same night, has had his sentence of 13 years' jail reduced to 10 years on appeal. In a decision issued by Chief Justice Dame Sian Elias, the Court of Appeal ruled that the 13-year sentence was outside the range properly available to the sentencing judge.
Kapeli Amoa, aged 29 when the offences took place in 1997, was convicted on three counts of sexual violation, including rape, in relation to the woman and one of assault with intent to sexually violate the girl. Both complainants lived at the same address and were targeted by Amoa after a drinking session. Chief Justice Elias said the sentencing judge noted aggravating factors that included two complainants on the same night, the disparity of age between Amoa and the victims, premeditation and persistence in the offending and the used of force to overcome resistance.
The judge had sentenced Amoa to 10 years' imprisonment on each sexual violation charge, to be served concurrently, and three years on the remaining charge, to be served cumulatively. During the appeal, defence lawyer Lorraine Smith argued that the sentences were excessive. Chief Justice Elias said though the 10-year sentence on the sexual violation counts would have been appropriate in a case involving two complainants, that feature was addressed by making the sentences in respect of each complainant cumulative.
"Looking at the matter overall, we consider that the appellant's culpability is appropriately reflected in a sentence of 10 years." Amoa was sentenced to eight years' jail on each of the sexual violation charges, to be served concurrently, and two years' jail on the charge of intent to commit sexual violation, to be served cumulatively.
Deportation Review Tribunal decision here
