The Supreme Court has dismissed an application by Petaia Setu to delay his sentencing while he appeals his convictions for rape and other sexual offences.
Supreme Court Justice Fepuleai Ameperosa Roma.
Setu was found guilty on 16 April 2026 of one count of rape, three counts of unlawful sexual connection, and one count of indecent assault following a unanimous verdict by assessors.
After filing his appeal, the defence argued sentencing should be postponed until the Court of Appeal determines the case.
Justice Ameperosa Roma ruled that while a person convicted in the Supreme Court has the right to appeal before sentencing, the Criminal Procedure Act 2016 does not allow the Court to stay a sentence that has not yet been imposed.
“No sentence has yet been imposed, and there is therefore no sentence presently in existence that is capable of being stayed.”
The Judge also rejected the argument that filing an appeal should automatically delay sentencing.
“The mere filing of a notice of appeal does not, without more, justify postponing sentence. If it did, a convicted person could routinely defer sentencing simply by lodging an appeal against conviction,” stated Justice Roma.
The Court acknowledged that Setu has a legal right to appeal his convictions but found that sentencing in the normal course would not make the appeal unfair or ineffective.
The Judge Ameperosa Roma also noted the seriousness of the offending and the public interest in ensuring criminal matters are dealt with promptly.
“These are serious offences and, absent special circumstances, sentencing should ordinarily proceed without unnecessary delay.”
“The mere filing of a notice of appeal does not, without more, justify postponing sentence.”
Justice Roma said accepting that argument would allow convicted offenders to routinely delay sentencing simply by lodging an appeal.
Alofa Grace is an Intern Reporter and Photographer with Samoa Global News. Alofa Grace is passionate about sharing stories and capturing real moments. She is a graduate of Maluafou College and hopes to continue a career as a Journalist.
Latest posts by Alofa Grace (see all)
Post Views: 642
