R v Kalepo

Pamela Kalepo was convicted of kidnapping and wounding with intent to cause grievous bodily harm, and pleaded guilty to assault. The court's primary task was to determine the appropriate length of her imprisonment, particularly in relation to the sentence of her co-offender, Mr Malua-Bentley. The court also considered various mitigating and aggravating factors in setting a starting point for sentencing and in adjusting that starting point based on Ms Kalepo's personal circumstances.

In determining the starting point for sentencing, the court took into account the premeditated and planned nature of the assault, the victim's vulnerability during the incident, and the fact that she was held without medical treatment for several days. The court also considered Ms Kalepo's assistance to the victim during her captivity, such as providing clothing, food, and drink, and helping her to shower and change clothes. The court found that Ms Kalepo's culpability was significantly less than Mr Malua-Bentley's, who was the driving force behind the offending. Based on these factors, the court set a starting point of five and a half years' imprisonment for Ms Kalepo's offending.

In assessing Ms Kalepo's personal circumstances, the court considered her background, including her upbringing in a strongly faith-based Samoan family, her tragic loss of her oldest sibling in a fatal house fire, and her romantic relationship with Mr Malua-Bentley. The court found that Ms Kalepo had been suborned by Mr Malua-Bentley and that she had not suggested her actions excused her offending. The court also considered the strong support base within her family and her expressions of remorse and contrition through letters of apology to the victim. Based on these factors, the court reduced the starting point by 10 per cent for remorse, 10 per cent for her previous non-convictions, and an additional 15 per cent for her low risk of reoffending and strong rehabilitative potential.

The court sentenced Ms Kalepo to three years and seven months' imprisonment for the charges of kidnapping and wounding with intent, to be served concurrently with a sentence of three months' imprisonment for assault. This sentence reflects the court's consideration of both the aggravating and mitigating factors in the case, as well as Ms Kalepo's personal circumstances and potential for rehabilitation.