Republic v. Teanaa was a case regarding prosecution for bigamy under the Penal Code, heard in the High Court of Kiribati. The defendant married her first husband in 1981 and entered into a second marriage in 2001 while still legally married. In 2020, her first husband discovered the second marriage and reported her for bigamy.
Ioobi v. The Republic is an appeal from a conviction and sentence in the Magistrates’ Court for domestic violence and assault. The appellant assaulted his wife while intoxicated, causing injuries that required hospitalization. He was charged with a domestic violence offense under Section 33(1)(a) of Kiribati's Te Rau N Te Mwenga Act 2014 and with assault, pleaded guilty, and was sentenced to six months’ imprisonment (three months per charge).
The defendant, a Catholic catechist, was charged with indecent assault of a minor girl who was a member of his congregation. The assault occurred after he directed the victim and her brother into a prayer room, locked the door after the brother left, and attacked the child when she refused his advances. The Court emphasized that a conviction required corroboration of the victim’s testimony, meaning evidence showing both that a crime was committed and that the accused committed it. The victim’s brother, who was outside the room, could not provide sufficient corroboration.
Tuuau v. Leota concerned the constitutional requirement under Article 44 of the Constitution of Samoa that Parliament must include at least 10% women representatives. The Supreme Court had held that when a seat vacated by a woman was filled by a man, another woman could be appointed to Parliament to preserve the quota. On appeal, the Court of Appeal reversed.
After 20 years of marriage during which she suffered repeated domestic violence, the applicant filed for divorce, then sought and obtained an Interim Protection Order against the respondent. Under the Family Safety Act 2013, Interim Protection Orders may be granted where domestic violence has occurred and the applicant is likely to face further assault if an order is not issued immediately.
In Police v. Apelu, the defendant, a nurse, was charged with 16 counts of unlawfully performing abortions between 2000 and 2003, contrary to Section 73A of the Crimes Ordinance 1961, which criminalizes administering or causing a miscarriage. The Court emphasized that the prosecution bore the burden of proving beyond reasonable doubt that the defendant’s actions were not done “in good faith” to preserve the life or health of the woman.
The Sentencing Act 2016 governs sentencing in Samoa, setting out objectives, principles, and a structured framework for courts to determine appropriate penalties. It requires courts to give weight to aggravating circumstances; such as use of force or weapons, unlawful entry, harm inflicted, premeditation, or bias against the victim’s identity, age, or disability, and adds enhanced aggravation if the victim is a minor.
The Infants Ordinance 1961 consolidates legislation concerning the guardianship, custody, adoption, protection, legitimation, and welfare of children in Samoa. It requires courts, when deciding questions of custody or upbringing, to give paramount consideration to the welfare of the child. Either parent may apply for custody, and the Court may appoint non-parent custodians if neither parent is fit.
The Property Law Act 1952 governs the law relating to real and personal property in Samoa, including assurances, conveyances, trusts, and marriage settlements. It sets out how interests in land, including estates in fee simple, may be conveyed or transferred. The Act also regulates the creation and administration of trusts and the disposition of property through settlements, including those made in contemplation of marriage.
The Samoa Family Court Act 2014 ("The Act") establishes the Family Court as a division of the District Court and confers jurisdiction to hear and determine matters under key family laws, including the Infants Ordinance 1961, Family Safety Act 2013,
